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5 Dec 2016, 11:01 am by Daniel Cappetta
In its decision, the SJC noted that “‘[g]enerally, under Massachusetts law, defense counsel’s failure to inform a defendant of collateral or contingent consequences of a plea does not render a plea involuntary[,]’ Commonwealth v. [read post]
5 Dec 2016, 11:01 am by Daniel Cappetta
In its decision, the SJC noted that “‘[g]enerally, under Massachusetts law, defense counsel’s failure to inform a defendant of collateral or contingent consequences of a plea does not render a plea involuntary[,]’ Commonwealth v. [read post]
3 Apr 2012, 10:44 am by Carbolic
UPDATE 2: Well, that didn't take long. [read post]
31 Oct 2015, 7:48 am by Leslie Sammis
The order handed out to the accused person does not even discuss the procedure to seek a "motion to modify" the no contact provision as set out in 903.047(2). [read post]
24 May 2015, 3:22 pm
Reasonable cause to believe that the criminal defendant committed the offense charged exists when "evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince Page 2 a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it" (CPL § 70.10[2]). [read post]
31 Oct 2015, 7:48 am by Leslie Sammis
The order handed out to the accused person does not even discuss the procedure to seek a "motion to modify" the no contact provision as set out in 903.047(2). [read post]
10 Feb 2019, 5:16 am
Although the definition of “serious drug offense” in the ACCA does not include attempts, as does the definition of “violent felony” in (e)(2)(B), the ACCA’s use of the term “involving” sufficiently expands the meaning of a serious drug offense beyond the simple offenses of manufacturing, distributing, and possessing a controlled substance to include attempt. [read post]
5 May 2021, 4:00 am by Public Employment Law Press
Federal District court dismissed Plaintiff's law suit against the County defendant upon concluding that the County’s False Alarm Law [1] did not violate the due process rights of County alarm owners; [2] did not effectuate an unlawful taking under the Fifth Amendment; and [3] did not violate New York state law. [read post]
10 Mar 2022, 8:36 am by Howard Friedman
Ct., March 2, 2022), a Texas state trial court granted a temporary restraining order providing: "Defendants are immediately enjoined and restrained from taking any actions against Plaintiffs based solely on the Governor’s letter and DFPS statement ... [read post]
5 May 2021, 4:00 am by Public Employment Law Press
Federal District court dismissed Plaintiff's law suit against the County defendant upon concluding that the County’s False Alarm Law [1] did not violate the due process rights of County alarm owners; [2] did not effectuate an unlawful taking under the Fifth Amendment; and [3] did not violate New York state law. [read post]
16 Nov 2017, 1:33 pm by Kenneth Vercammen Esq. Edison
Defendants may wish to apply for public defender representation at this point if they are not yet represented. [read post]
24 Feb 2015, 4:00 am by Matt Maurer
Just before Christmas the Ontario Court of Appeal released a split, 3-2, decision in a case that pitted the privacy rights of judgment debtors against the execution rights of judgment creditors. [read post]