Search for: "Affidavit of Facts"
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25 Feb 2010, 8:01 am
In a decision published February 9, 2010 the California Court of Appeal, Fourth District, affirmed that criminal defendants, when making Pitchess motions, must submit a declaration or affidavit alleging a specific factual scenario that shows how the relevant police officer(s) committed misconduct. [read post]
11 Apr 2007, 6:37 am
Although the affidavit did not specifically name the crime that had been committed, the alleged facts support a finding of probable cause to believe that Summage's actions constituted criminal conduct--specifically the solicitation of prostitution or pandering--given the fact that Summage had offered money in exchange for Doe's services in a sex act. [read post]
16 Sep 2014, 9:11 am
FAQ on I-864 Affidavit of Support Affidavit of Support-Frequently Asked Questions At the Ranchod Law Group, we assist our clients in preparing and filing form I-864, Affidavit of Support on their behalf or on behalf of their family member. [read post]
7 Jul 2020, 10:22 am
The post A Quick Guide to Form I-864, Affidavit of Support appeared first on Tingen & Williams. [read post]
6 Dec 2006, 12:03 pm
Whether this sort of affidavit satisfies even the low preponderance standard became irrelevant because, as declared by the Seventh Circuit, the judge’s finding that Mr. [read post]
20 Sep 2010, 7:50 am
Apparently this action results from depositions of an employee who admits to signing tens of thousands of summary judgment affidavits and lost note affidavits with no knowledge of whether any of the facts being affirmed are true. [read post]
6 May 2011, 9:59 pm
If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: Another Sensitive Litigation Moment. [read post]
2 Jun 2019, 7:11 am
Asserting that that the majority was misapplying its totality of the circumstances review in favor of laying "inference upon inference" to support the search warrant, Judge Gilman also examined each fact cited in the affidavit in support of the search warrant application. [read post]
23 Jan 2011, 8:20 am
A made-up conclusion in a search warrant affidavit was material, and false under Franks, and obviously not in good faith, and Herring required exclusion. [read post]
5 Mar 2007, 7:40 am
February 28, 2007): The Defendant's argument on this point is a mere two sentences long and reads "The Judge issuing the Search Warrant had nothing before him except the bare facts set forth in the Affidavit presented to him by the law enforcement officer. [read post]
16 Mar 2007, 7:37 am
The fact that the police deliberately omitted material facts didn't help the state's cause:We determine that the affidavit, which was based solely on hearsay statements from a person who was a participant in the crime under investigation, failed to establish probable cause to search Landis' residence. [read post]
1 Aug 2012, 1:02 pm
” An appropriate affidavit or declaration was requested to be filed eight days later. [read post]
20 Feb 2007, 6:16 am
Even when we construe the facts in the light most favorable to Mr. [read post]
26 Jan 2023, 4:00 am
Though the Trial Court accepted the affidavit, it found the affidavit to be insufficient to create a genuine issue of material fact and thus granted Gaudin’s motion for summary judgment. [read post]
8 Nov 2018, 9:57 am
The Facts of the Case According to the court’s opinion, the plaintiff was scheduled to have a hysterectomy. [read post]
19 Oct 2007, 6:09 am
In Jones, the search warrant used to search defendant's residence was upheld despite the fact that the control buys only took place in the driveway as opposed to inside the house. 159 F.3d at 975. [read post]
18 Aug 2014, 6:36 am
This evidentiary issue pertains to affidavits. [read post]
29 Nov 2006, 8:21 am
In this case, the CCA addresses a question of first impression: is a search warrant valid if the affiant swore before the magistrate that the facts within the affidavit seeking the search warrant were true, but failed to sign the affidavit? [read post]
9 Jun 2016, 12:48 pm
According to the appellate court, the facts in the affidavit do not have to be based on personal knowledge. [read post]
11 Dec 2008, 8:30 am
If so, need grounds of fraud, mistake of fact or duress as grounds for to set aside the affidavit.3. [read post]
