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12 Sep 2022, 8:50 am
The prosecution cannot charge the defendant with a more serious offense at the new trial. [read post]
27 Jun 2013, 6:57 pm
While the court does not encourage New York police to solicit peculiarly foreign sellers of narcotics to set up shop in any state, the court will not foreclose their obvious legitimate interest in the flow of contraband adjacent to the borders. [read post]
1 Aug 2022, 10:25 am
A public defender does not get to choose their clients based on strength and workloads may sway them toward plea deals for clients. [read post]
29 Sep 2010, 9:05 am
If a defendant does not timely object that the plaintiff is not the real party in interest, the defense can be waived. [read post]
17 Jun 2014, 10:13 am
II A claim for emotional distress does not constitute “humiliation” sufficient to trigger a duty to defend under an umbrella policy of insurance. [read post]
29 May 2015, 7:01 am
In its motion, Plaintiff does not state it cannot understand [the expert's] report. [read post]
27 Dec 2012, 3:01 pm
However, the major down side to DEJ is the fact that if the Defendant does not complete the ordered tasks, the court will proceed to sentencing and the conviction is entered. [read post]
9 Sep 2013, 7:39 am
Rather, they were used to explain what [plaintiff] does as a non-practicing entity. [read post]
1 Oct 2013, 4:50 pm
In so doing, the 9th does not credit the defendant's argument that 922's requirement of counsel means the appointment of counsel. [read post]
8 Dec 2023, 6:07 am
Her husband died shortly after he was discharged from defendant hospital’s emergency room. [read post]
15 Nov 2021, 8:17 am
Trump’s campaign, and to the Trump Foundation, but not out of his service to the business of the Trump Organization, which is the only defendant in this case. [read post]
4 Dec 2018, 12:48 pm
This does not guarantee success, but it will help with a fair chance. [read post]
12 Aug 2021, 7:34 am
This sort of retainer typically covers all work an attorney does in a defined time within a defined scope of work. [read post]
27 Sep 2018, 9:14 am
After a jury finds a defendant guilty, it does not necessarily mean that the process ends there. [read post]
8 Aug 2022, 3:00 am
” It is important to note that Gooding did not hold that the specific statements made by the defendant were protected speech. [read post]
17 Sep 2009, 2:11 pm
In this case, the police officer does not have personal knowledge that the defendant was driving. [read post]
29 Jun 2008, 4:00 am
However, that does not automatically prevent an erroneous certificate of analysis admission to rise to the level of harmless error. [read post]
17 Aug 2021, 5:41 am
How Does the Burden of Proof Affect My Workers’ Comp Claim? [read post]
17 Sep 2009, 5:03 am
Class Action Filed in State Court Against Defendant and Co-Defendant Debtor in Bankruptcy Removable to Federal Court under CAFA (Class Action Fairness Act) because Co-Defendant Sued in Violation of Automatic Stay and because Co-Defendant’s Bankruptcy does not Preclude Defendant from Removing Class Action to Federal Court Third Circuit Holds Plaintiffs filed a putative class action against JEVIC Transportation and its parent… [read post]
28 Mar 2011, 2:22 pm
Does 1 – 171, arguing that joining all the defendants in one action violated Rule 20 of the Federal Rules of Civil Procedure. [read post]