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2 Sep 2015, 6:05 pm
Does Justice Scalia do that? [read post]
28 Jan 2013, 1:34 am
In a reported decision (precedential), the Court concluded that parties to a domestic violence action (both the parties bringing the actions and defending against the actions) are not entitled to appointed counsel from the State, as the entry of a Final Restraining Order (and other related relief) does not result in a “consequence of significant magnitude” to warrant the appoint of a mandatory appointment of counsel. [read post]
8 Apr 2018, 10:01 am
One of the issues is what does it take for a minor to have a "substance abuse problem? [read post]
9 Jun 2009, 12:55 pm
The Commission asks the following questions: Question 2: Do you think that the special jurisdiction rules of the Regulation could be applied to third State defendants? [read post]
8 Mar 2022, 1:03 pm
DISCLAIMER: This blog does not offer legal advice, nor does it create an attorney-client relationship. [read post]
12 Nov 2022, 1:34 pm
The Sixth Amendment speedy trial right does not apply once the defendants are “ ‘freed without restraint’ ” or “ ‘[o]nce charges are [initially] dismissed. [read post]
9 May 2018, 6:54 am
Woellner invade the province of the jury: 1) the defendants did not have knowledge of mold in the house; 2) the parties had agreed about the roof; and 3) the defendants promptly dealt with the moisture and mold issues. [read post]
18 Sep 2015, 9:11 am
” Id.at *2. [read post]
14 Aug 2012, 11:02 am
The recent nature of cell phone location technology does not change this. [read post]
6 Aug 2011, 5:10 pm
2. [read post]
15 Sep 2017, 6:23 am
It does not matter how the required finding is labeled, but whether it exposes the defendant to a greater punishment than that authorized by the jury's verdict, as does the sentencing "enhancement" here. [read post]
6 Apr 2015, 12:17 pm
The only other case I'm aware of is the Windsor Jewelers decision by Judge Diaz six years ago, in 2009 NCBC 2. [read post]
23 Oct 2013, 8:01 am
This is what it takes to establish the tripartite relationship; it does not matter whether the attorney defends, or prosecutes the action. 2) Regarding the reservation of rights, PCB claimed that the tripartite relationship only exists when the insurer hires the attorney, WITHOUT a reservation of rights, to defend the insured. [read post]
14 Aug 2008, 4:47 pm
Doe, No. 06-4124 "Conviction for being a felon in possession of a firearm is affirmed where the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without conducting an evidentiary hearing because, on the basis of undisputed facts, the court permissibly found that defendant's plea was entered voluntarily". [read post]
10 Jul 2012, 2:00 am
Once the attorney has gotten the letter you can sit down with her and decide what the appropriate course of action will be.Example 2: Defense attorney approaches you with defendant's grandpa and informs you that he wants to drop the theft charges against the defendant. [read post]
25 Oct 2007, 11:58 am
For publication opinions today (2): Michael Loos v. [read post]
30 Oct 2009, 8:37 am
Florida law does provide for an exception to the rule that a parent can be required to pay a Jacksonville Juvenile Criminal Defendant's restitution. [read post]
22 Jun 2008, 10:44 am
Invoking the 14th Amendment, Alito states:"In my view the Constitution does not permit a State to substitute its own perception of fairness for the defendant's right to make his own case before the juryâ€â [read post]
4 Nov 2011, 12:33 pm
(emphasis added) J.App. 2. [read post]
Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous–Enigma v. Malwarebytes
19 Sep 2019, 11:06 am
If a plaintiff has credible evidence that the defendant has violated antitrust law, it should have legal recourse. [read post]