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11 Apr 2024, 4:29 pm
Notwithstanding the admonishment in Atwell that waiver is voluntary and does not apply when a defendant seeks but is denied counsel, the Moore Court employed a waiver and forfeiture analysis, concluding that the defendant both waived and forfeited the right to counsel. [read post]
24 May 2022, 7:20 am
Gilbert does not claim on appeal that Judge... [read post]
Randolph does not give a potential defendant veto power over a search where he has to be asked first
7 Jul 2008, 1:43 pm
Randolph does not give a present potential target defendant veto power where he was not asked. [read post]
22 Jun 2018, 7:23 am
"Plaintiff does not appear to challenge the contention that venue in this Court is improper. [read post]
2 Mar 2010, 9:40 pm
The plaintiffs, four minor children (“the Doe children”), seek to proceed anonymously. [read post]
30 Jul 2008, 3:34 am
When a lawsuit filed against multiple defendants in state court is capable of being removed to federal court, does the time for removal begin to run when the first defendant receives service of process or when the last defendant receives service of process? [read post]
29 Aug 2017, 6:04 pm
Plaintiff's opposition brief is here: Download 31 Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss 08.21.17. [read post]
8 May 2010, 5:30 am
” The Seventh Circuit thus concluded that the word ‘defendant’ in § 1453(b) means what the word ‘defendant’ means elsewhere in Chapter 89 and, as Shamrock Oil held, that word does not include a plaintiff who becomes a defendant on a counterclaim. [read post]
29 Feb 2024, 11:50 am
And the subsequent prosecution of the defendant for producing child pornography – based on evidence discovered in that examination – is not barred by the prior plea agreement concerning his conviction for possessing child pornography. appeared first on Federal Defenders of New York Blog. [read post]
22 Jul 2010, 5:33 am
Does Breitbart need defending? [read post]
15 May 2011, 5:43 am
Continue reading "Defending Germany, Defending NATO, Defending Definitions" [read post]
24 Oct 2019, 1:44 pm
And it does not apply to lock a defendant into a stipulation to an offense class for a prior conviction that is clearly wrong. [read post]
17 Sep 2007, 4:59 am
A defendant obviously does not want to be seen in handcuffs as it might imply guilt. [read post]
14 Mar 2021, 1:41 am
Defensive attack will not fly against a Virginia criminal defendant’s own procedural error Defensive attacks against a Virginia criminal defendant’s self-created procedural error will not fly in criminal court. [read post]
13 Jan 2012, 6:00 am
The copyright owner files the lawsuit naming "DOES 1 to 100," and then seeks the identities of the Doe defendants from the Internet Service Provider (ISP). [read post]
5 Jul 2013, 7:49 am
The case, initially filed in July 2012 against 14 Doe defendants, had only four defendants remaining. [read post]
12 May 2014, 11:24 am
The "John Doe" defendant in this copyright infringement lawsuit allegedly used the BitTorrent file-sharing protocol to illegally download, copy and distribute elements of various works of Malibu Media's copyrighted material. [read post]
4 May 2017, 9:34 am
A defendant who does not have any significant criminal record may be sentenced to probation, a postponed jail sentence, or a jail sentence that is far shorter than the maximum sentence. [read post]
20 May 2022, 10:26 am
The clock for defendants seeking removal does not technically begin to tick until service of a summons. [read post]
1 Oct 2021, 2:29 pm
As a Fairfax criminal lawyer, I know that Virginia trial judges will be ready to trot out the three-decades old pronouncement of the commonwealth's Court of Appeals that "The Constitution does not, however, guarantee every defendant a perfect trial. [read post]
