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8 Mar 2010, 9:40 am
App. 4th ___, 2010 WL 728571, the Fifth District Court of Appeal, citing a long line of cases going back to Greyhound Corp. v. [read post]
6 Jan 2022, 8:13 am
On appeal, the defendant argued in State v. [read post]
23 Dec 2010, 7:17 am
As is customary, we checked the appeal record out from the court clerk. [read post]
13 May 2010, 2:33 pm
Going forward, public agencies faced with a records-release injunction lawsuit should give careful consideration to ensuring the requester’s participation in that lawsuit to prevent duplicative hearings or unnecessary appeals that may result in attorney fees being paid to the requester. [read post]
13 Apr 2008, 6:47 pm
The court of appeals stated as follows: Here, the County filed declarations from four county employees as well as declarations from three citizens whose conversations Smith recorded, along with transcripts of those recorded conversations. [read post]
9 Dec 2024, 5:35 pm
Division Two of the Washington Court of Appeals recently published an opinion concerning the validity of an owner's business-related activities within a homeowners association. [read post]
28 Feb 2007, 5:24 am
" * * * The five-member panel -- which also included judges and the Jefferson circuit clerk -- was appointed by Chief Justice Joseph Lambert, with Court of Appeals Judge Tom Wine serving as chairman. [read post]
18 Jun 2010, 11:31 am
The COA noted that the only evidence regarding the waiver in the record on appeal was a vague discussion between the judge and defense counsel. [read post]
4 Jan 2009, 5:01 pm
An interesting case from the Wisconsin Court of Appeals embodies what I believe is a thoughtful and nuanced understanding of privacy. [read post]
19 Aug 2021, 7:39 am
The court dismissed without prejudice the defendant’s IAC claim based upon defense counsel’s failure to challenge the photographic lineup’s compliance with the Eyewitness Identification Reform Act because the record on direct appeal was insufficient to assess the claim. [read post]
17 Jun 2021, 9:00 am
Court of Appeals (June 15, 2021) appeared first on North Carolina Criminal Law. [read post]
14 Dec 2024, 6:57 am
Each year, Massachusetts records dozens of homicides, with many involving firearms, underscoring the need for stringent measures to enforce existing gun laws. [read post]
4 Nov 2011, 4:05 am
This generally means providing the appellate court with the record of what happened in the lower court and its brief explaining why it is appealing the lower court’s decision. [read post]
9 Aug 2017, 5:17 am
On appeal, the court found that the property owners’ race car activities did not satisfy the requirements for an accessory use. [read post]
18 Oct 2015, 9:32 am
Furthermore, the damages are almost always paid out of public funds or by insurers under policies which are not very sensitive to the claims records of individual defendants. [read post]
10 Feb 2013, 8:23 am
Can the lien for spousal support payments to wife from a divorce decree evidenced by a lis pendens on husband’s real property have priority over a recorded mortgage? [read post]
9 Jul 2020, 5:48 am
The defendant was convicted of two counts of possession of cocaine at trial and appealed. [read post]
2 Nov 2012, 1:03 pm
Commissioner of Social Security, the Ninth Circuit Court of Appeals considered whether evidence submitted late in the claim process should be included in the record on an appeal. [read post]
20 Oct 2009, 7:01 am
Digital signatures and medieval law met today in the North Carolina Court of Appeals decision in Powell v. [read post]
27 Aug 2015, 1:52 pm
Also in the Niekamp case, the appeals court was not pleased that the trial court made decisions based on information that was not contained in the record, meaning that the trial judge made decisions based on information that wasn’t presented to the judge. [read post]
