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18 Nov 2015, 1:43 pm
., where defendant agreed to plead guilty to X offense, in return for Y sentence, but now seeks relief (as authorized by Proposition 47) to reduce the X offense to a misdemeanor and hence only have to serve a sentence of less-than-Y.So does the passage of Proposition 47 allow the prosecution to retroactively withdraw from the plea agreement, even after the defendant has (as here) served years in prison, or do we assume that both parties (the prosecution and the defense) are bound because… [read post]
25 Sep 2017, 12:53 pm
"We now confirm that for purposes of federal common law, claim preclusion does not apply to claims that accrue after the filing of the operative complaint. [read post]
29 Aug 2024, 4:22 pm
At sentencing, the court reserves jurisdiction over any restitution, but during the entire three-year restitution period, no one ever does anything about getting a restitution order; no request, no service, nothing.Defendant successfully serves his probationary period, so the probation office recommends dismissal of the misdemeanor count -- the usual way these things are resolved. [read post]
4 Aug 2012, 6:35 am
In White v White, 2012 WL 3041660 (S.D.N.Y.) pro se Plaintiff Keith White brought an action against his ex-wife Gabriela White under the Hague Convention, seeking the return of the parties' son S. to Keith and repayment of monies that Keith paid to Gabriela since 2005. [read post]
30 Jul 2015, 12:07 pm
Harris v. [read post]
1 May 2008, 4:40 am
Does all this stuff matter as much as the authors say it does? [read post]
1 Apr 2016, 8:17 am
(AP Photo/Rogelio V. [read post]
27 Mar 2013, 10:30 am
Purchasing PowerSony Network Data Breach Class Action Suffers Setback -- In re Sony Gaming Network Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit -- Krottner v. [read post]
23 Jul 2007, 2:16 pm
(B) Does the officer's testimony get admitted? [read post]
6 Aug 2010, 6:47 pm
It does it in a timeframe that is of interest to normal human beings. [read post]
28 Feb 2007, 5:00 pm
But, when you think about it, you're really quite ignorant about the differences between street prostitutes and prostitutes who work through escort services. [read post]
2 Aug 2024, 7:42 am
This isn’t top-secret information we’re talking about. [read post]
24 Oct 2010, 2:10 pm
We're all more than a little busy. [read post]
24 Oct 2010, 2:10 pm
We're all more than a little busy. [read post]
16 Sep 2020, 6:00 am
In In re USG Corp. [read post]
7 Aug 2009, 5:30 am
Co. v. [read post]
27 Feb 2020, 8:21 am
In prior posts, I called this expansion [DoE]; retraction [PHE]; re-expansion [TAN] process DoePHETAN. [read post]
3 Oct 2013, 4:49 am
Where does State Farm go from here? [read post]
13 Apr 2017, 7:18 am
V is for Virtual Currency. [read post]
28 Mar 2016, 4:00 am
Thus the web developer's copyright infringement claim jumped the res judicata hurdle. [read post]
