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15 Sep 2011, 4:53 am
Under this court's clearly established law, a reasonable police officer would not have known that it was coercive to explain that taking temporary custody of the Loudermilks' children under Arizona law was a "viable option," given that (1) the MCSO Officers had reason to believe probable cause existed to take custody of the children under Ariz. [read post]
15 Sep 2011, 4:00 am by Terry Hart
S. 395, 401 (1878): “Cases often arise where the property of the owner is forfeited on account of the fraud, neglect, or misconduct of those intrusted with its possession, care, and custody, even when the owner is otherwise without fault . . . and it has always been held . . . that the acts of [the possessors] bind the interest of the owner . . . whether he be innocent or guilty. [read post]
14 Sep 2011, 1:21 pm by Robert Chesney
  First, it is not as if we have complete discretion to bring persons from abroad into custody in Afghanistan. [read post]
14 Sep 2011, 9:33 am by Robert Chesney
  The informant responded that he could provide Cromitie with C-4 plastic explosives. [read post]
13 Sep 2011, 4:35 am
Defendant passenger in a car was not in custody or subjected to a show of force when she consented to a search of her purse. [read post]
12 Sep 2011, 11:53 am
In the third instance, when the court is fully satisfied that the accused is avoiding the court's proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. [read post]
10 Sep 2011, 9:24 am by lawmrh
The Court’s stunningly nonsensical statement of the “test” for determining custody speaks for itself. . . . [read post]
2 Sep 2011, 5:14 pm by Christa Culver
DixonDocket: 10-1540Issue(s): (1) Whether the Sixth Circuit contravened the directives of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) when it abandoned the “in custody” requirement of Miranda v. [read post]
31 Aug 2011, 7:42 am by John E. Harding, JD, CFLS
At the time of the November hearing, Sarah’s custody and visitation rights were in the control of the dependency court and DCFS, and were subject to potentially sudden change. [read post]
31 Aug 2011, 3:26 am by Joel R. Brandes
Notwithstanding the provisions of paragraph (c) of this subdivision, where the annual amount of the basic child support obligation would reduce the non-custodial parent's income below the self-support reserve but not below the poverty income guidelines amount for a single person as reported by the federal department of health and human services, the basic child support obligation shall be fifty dollars per month or the difference between the… [read post]