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28 Nov 2012, 2:34 am
The provision making it virtually mandatory for a judge to give probation to a first offender convicted of a 4th or 5th degree felony initially raised some controversy, with one judge declaring it unconstitutional, but that hasn’t gone anywhere on appeal. [read post]
27 Nov 2012, 4:30 am
The decision, which I discussed in a previous post, vacated and remanded the combined cases for the district court to reconsider damages. [read post]
26 Nov 2012, 5:58 am
The district court certified a class on the control unit claim but denied certification on the mold claim. [read post]
26 Nov 2012, 5:58 am
The district court certified a class on the control unit claim but denied certification on the mold claim. [read post]
26 Nov 2012, 3:35 am
But the 5th District bought it in State v. [read post]
26 Nov 2012, 2:38 am
Well, at least according to a recent decision by the Court of Appeals of Michigan in Michigan One Funding, LLC v. [read post]
21 Nov 2012, 12:48 pm
Freightliner Corp., 714 F.2d 498, 505 (5th Cir. 1983). [read post]
19 Nov 2012, 8:02 am
District Ohio Court of Appeals last Nov. 5th. held that "when evaluating probable cause to arrest a suspect for OVI, the totality of the facts and circumstances can support a finding of probable cause to arrest even when no field sobriety tests are administered. [read post]
16 Nov 2012, 7:44 am
May 9, 2012 18 from BYU Law receive clerkships with federal courts of appeal, federal district courts, & state supreme courts--5th in a series of interviews: Randy Boyer. [read post]
15 Nov 2012, 2:54 pm
Garrett, et al, No. 11-20736 (5th Cir. [read post]
14 Nov 2012, 1:37 pm
The 5th District Court of Appeal ruled that the Judge who presided over Perera’s case can reverse his original decision to terminate her probation. [read post]
14 Nov 2012, 5:56 am
District Court for the District of New Jersey 2012). [read post]
8 Nov 2012, 9:51 am
Superior Court of Tuolumne County (Wal-Mart Stores, Inc., RPI) (5th Dist.10/30/12) ___ Cal.App.4th ___ 2012 WL 5350450, the Court of Appeal granted a writ of mandate directing the Superior Court to overrule a demurrer it had sustained without leave to two causes of action of a CEQA writ petition. [read post]
8 Nov 2012, 9:51 am
Superior Court of Tuolumne County (Wal-Mart Stores, Inc., RPI) (5th Dist.10/30/12) ___ Cal.App.4th ___ 2012 WL 5350450, the Court of Appeal granted a writ of mandate directing the Superior Court to overrule a demurrer it had sustained without leave to two causes of action of a CEQA writ petition. [read post]
5 Nov 2012, 2:36 pm
Recently, the Fifth District Court of Appeal exacerbated the problem spawned by the Trytek decision. [read post]
2 Nov 2012, 5:00 am
Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th, and 14th amendments. [read post]
31 Oct 2012, 8:07 pm
The 5th U.S. [read post]
31 Oct 2012, 8:04 am
The district court, in an effort of largess that it would later regret, confirmed that Mr. [read post]
29 Oct 2012, 8:36 am
U.S., 659 F. 3d 466, Court of Appeals, 5th Circuit 2011. [read post]
29 Oct 2012, 3:44 am
He complains on appeal that the trial court couldn’t require him to be monitored by the sex offender unit as a condition of probation. [read post]
