Search for: "Defendant Doe 1"
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18 Jun 2012, 11:03 am
Does 1-245, a bittorrent downloading case pending in Manhattan, District Judge Colleen McMahon has issued a decision dismissing and severing all claims except the claim against John Doe #1, and quashing all related subpoenas. [read post]
6 May 2007, 9:43 am
Officers asked for defendant who the householder said was "right over there. [read post]
27 Aug 2011, 2:42 pm
You of course have the right to defend yourself and of course have the right to have an attorney represent you at the hearing. [read post]
24 Mar 2012, 9:19 pm
This is the kind of defense theory that does not rise above mere speculation or hope. ... [read post]
7 May 2017, 11:00 pm
They noted that the possibility of obtaining such an injunction comes from the law of equity and Section 2 (i.e. the six year limitation period for tortious claims) does not apply to pre-emptive injunctions based on section 36(1)(a). [read post]
23 May 2018, 6:34 pm
A Fourth Amendment seizure does not occur when an officer turns on her patrol vehicle’s lights and siren to signal for a vehicle to stop. [read post]
31 Dec 2013, 1:08 pm
Republished by Blog Post PromoterThe defendant-appellant, John Doe No.1, anonymously posted allegedly defamatory statements about the plaintiff-appellee, Cahill, on an internet blog. [read post]
5 Sep 2017, 3:53 pm
Defendant’s production of hard copy versions of documents kept both electronically and in hard copy does not run afoul of Rule 34. [read post]
5 Jan 2008, 11:27 am
December 31, 2007): [*P12] Ordinarily, the arrest of a person outside of his residence does not justify a warrantless entry into and search of the residence itself. [read post]
24 Nov 2020, 7:27 am
And yet, because of the trial penalty, that happens all too often.[1] The trial penalty refers to “the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. [read post]
13 Feb 2007, 7:08 am
"It has taken many years, but the court finally has concluded that it is authorized to hold, and does hold, that a district court, in sentencing a defendant, may properly take into account the fact that the 100-to-1 ratio embedded in the Sentencing Guidelines for crack-to-powdered cocaine offenses bears no meaningful relationship to a defendant's culpability. [read post]
9 Dec 2010, 6:56 am
If the drug is in a place over which the Jacksonville criminal defendant does not have control, the State must prove his or her (1) control over the cocaine and (2) knowledge that the cocaine was there. [read post]
15 Mar 2016, 1:25 pm
(b)(1).) [read post]
26 May 2011, 7:50 am
" In re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, 1-09-md-02118 (DED May 24, 2011, Order) (Robinson, J.) [read post]
17 Apr 2023, 5:01 am
P. 17(a)(1) ("An action must be prosecuted in the name of the real party in interest. [read post]
9 Oct 2007, 6:23 am
October 5, 2007).* An Eighth Amendment deliberate indifference claim does not implicate any Fourth Amendment claim. [read post]
8 Nov 2010, 3:58 am
Gonzales, 399 F.3d 1225 (10th Cir. 2005)), the question of probable cause does not have to even be addressed if the good faith exception would apply, and it does here. [read post]
5 Jun 2010, 10:38 pm
LEXIS 940 (June 1, 2010) [read post]
29 Jun 2010, 5:23 am
Even where probable cause exists to seize a closed container, that does not override the requirement for a warrant: police must proceed in the least intrusive manner with respect to a defendant's expectations of privacy in that container, obtaining a defendant's permission to search or seeking the oversight of a magistrate. [read post]
5 Dec 2009, 9:11 am
December 1, 2009) (unpublished).* During a knock and talk, defendant let officers into his house, and marijuana was in plain view. [read post]
