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16 Jul 2007, 1:17 am
" The law in New York governing the trigger of the duty to defend for parties covered pursuant to additional insured endorsements was not entirely clear prior to this decision. [read post]
25 May 2012, 2:12 pm
The “good cause” requirement in MCR 6.006(C) does not require the more stringent Craig standard when the defendant acquiesces to the use of alternate testimony. [read post]
4 Apr 2009, 9:47 am
The content on this post does not constitute legal advice and is for informational purposes only. [read post]
30 Jan 2015, 10:58 am
" She says, "please do," and he does. [read post]
2 May 2018, 7:31 am
” This type of aggravated assault does not require any intent to cause harm to the police officer. [read post]
12 Mar 2019, 8:30 am
Related Posts: The Admissibility of Character Evidence in New York Criminal Trials New York Court Affirms Assault Conviction, Rejecting Defendant’s Weight-of-the-Evidence Claim New York Court Concludes Out-of-State Conviction for Murder of a Minor Does Not Require Sex-Offender Registration [read post]
11 May 2012, 6:24 am
We agree that when an officer blocks a defendant's car from leaving the scene, particularly when, as here, the officer has followed the car, the officer demonstrates a greater show of authority than does an officer who just happens to be on the scene and engages a citizen in conversation. [read post]
20 Jan 2007, 5:05 am
January 17, 2007): However, the Defendant argues in his objections that the employer's ownership of the seized computer and components and the existence of the above-quoted policy, which does not forbid all personal use of computers and allows for employee monitoring of an employee's work computer, is not dispositive of the employee's expectation of privacy. [read post]
6 Jun 2022, 5:24 pm
(Though, unlike Justice Hoch, I might not have even joined the result.)I'm sympathetic to the view that punitive damages shouldn't generally take away every penny from a defendant. [read post]
5 Aug 2015, 5:15 am
Maybe the 6 a.m. raid on Cindy Archer's home was not as traumatic as she claims in her lawsuit.According to Daniel Bice at The Milwaukee Journal Sentinel, the audio conflicts with the way Archer characterizes the experience:That recording details tense but mannerly exchanges between Archer and Aaron Weiss, an investigator with the Milwaukee County District Attorney's Office, as he led a team of officers during an early morning raid on Archer's home as part of a now infamous John… [read post]
13 Apr 2007, 3:01 pm
It just goes to show that even the strangest cases has to be defended. [read post]
22 May 2011, 9:11 pm
Defendant’s stop for a traffic violation was valid, but defendant did not show that his stop was based on his race. [read post]
21 Jul 2016, 12:21 pm
First, the courts agreed that while there is a state law governing the placement of dredging equipment in lakes, the law does not allow a private citizen to enforce the regulations through a negligence lawsuit. [read post]
10 May 2012, 2:37 pm
Skywalker, the second Doe defendant, admitted to posting the text of the lesson plans on his blog. [read post]
10 Jan 2011, 10:13 am
The insurer declined to defend the insured on the basis that there was no coverage for the claims asserted. [read post]
14 Feb 2008, 5:38 am
Defendants ordinarily hate e-discovery - that is, the discovery of electronically stored information. [read post]
14 Jun 2009, 4:54 am
"[W]hile [the court] finds that the initial stop of Defendant's vehicle was lawful, it does not find that the Government has demonstrated that the firearm was in plain view at the time it was seized, and will accordingly grant Defendant's motion to suppress the firearm. [read post]
29 Mar 2017, 9:03 pm
But, a foreign fugitive does have something to lose if a motion to dismiss an indictment is heard and lost. [read post]
29 Sep 2020, 6:10 am
If a condition does not fall within these parameters, it may be invalid, as demonstrated in a recent California case in which a court overturned a marijuana-related probation condition following the defendant’s conviction for car theft. [read post]
7 Sep 2008, 12:46 am
Since then, at least 23 more challenges were filed.Eleven of the men are already listed on the registry, 12 are unregistered, and the status of the remaining men is unclear in court documents.Personal information identifying the men has been removed from the court file, which contains thousands of pages.In her most recent ruling, Murphy allowed one defendant -- John Doe XXIV, of Androscoggin County, convicted in 1990 of unlawful sexual contact with a 13-year-old -- to refrain… [read post]
