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25 Sep 2008, 2:19 am
He told Doe of the town ordinance banning anyone on the state's online registry of convicted sex offenders from being in the parks.Doe sued Plainfield in November 2005, which began nearly three years of twists and turns in the legal case.In one key step, Doe won a controversial court ruling to keep his identity secret in the legal proceeding even though he is listed publicly on the state registry of sex offenders. ..News Source.. by Bruce C. [read post]
23 Sep 2008, 5:08 pm
Hood (NFP) - "Therefore, we conclude that the trial court did not abuse its discretion in finding that Father did not prove a substantial change in circumstances that would have warranted modification of custody. * * * "As previously stated, Father had a legitimate right to be concerned about the violence in Mother's home and this provided him with a valid, good faith basis for seeking modification of custody. [read post]
23 Sep 2008, 1:07 pm
Caballes, 543 U.S. 405, 408, 125 S. [read post]
22 Sep 2008, 4:19 pm
Attorney Jason C. [read post]
22 Sep 2008, 8:58 am
Regarding misdemeanor charges, the Texas Code of Criminal Procedure, art. 55.01 provides that a person who's been arrested (custodial or non-custodial) for the commission of a misdemeanor is entitled to have their records and files relating to the arrest expunged if several potential conditions exist:(1) The person was tried for the offense and was acquitted;(2) The person was convicted and subsequently pardoned; or (3) An indictment or… [read post]
22 Sep 2008, 2:05 am
Is in the custody of one or both parents for more than ½ of the calendar year; and c. [read post]
17 Sep 2008, 5:26 pm
As courts retreat from heavy custodial sentences in white collar cases (see here), one can expect alternative measures, like forfeiture, fines and restitution, to become the new punitive focal point. [read post]
16 Sep 2008, 5:45 pm
[which begins] Indiana Trial Rule 76 (C)(5) addresses the situation where a court holds a hearing in a matter and at that hearing sets the matter for trial. [read post]
15 Sep 2008, 8:29 pm
Mukasey, No. 072311 In an immigration matter in which petitioner was charged by Department of Homeland Security with removability as an alien convicted of an aggravated felony after admission, removal order is vacated where: 1) informal agreement between petitioner's parents to share legal custody was entitled to effect; and 2) Child Citizenship Act of 2000 requirement that, at the time the statute went into effect, petitioner was "in the legal...custody of the… [read post]
14 Sep 2008, 10:08 am
Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates or except as otherwise required by state law, any compensation earned through prison work programs shall only be used for the following purposes: (a) reimbursement for all or a portion of the costs of the inmate's rehabilitation, housing, health care, and living costs; (b) restitution or compensation to… [read post]
13 Sep 2008, 3:25 pm
Acevedo, 500 U.S. 565, 111 S. [read post]
9 Sep 2008, 2:25 pm
Garcia-Alvarez, No. 071471, 071697 Conviction for carjacking and firearms offenses is affirmed over claims of error that: 1) the evidence proffered against defendant was not sufficient; and 2) the district court erred in denying defendant's motion for a new trial. [read post]
29 Aug 2008, 5:01 pm
The notice shall provide references to the page(s) of the brief that is being supplemented. [read post]
28 Aug 2008, 2:15 pm
Bonin, No. 07-30827 In a case involving an individual previously arrested for making threats to country music singer George Strait and later for threats to a magistrate judge, an order committing defendant to the custody of the Attorney General pursuant to a dangerousness determination is vacated and remanded where the determination contravened the requisite statutory procedure. . [read post]
27 Aug 2008, 6:00 pm
After all, they note, Zardari languished in prison for many years, claims to have been tortured, and even feared being killed while in custody. [read post]
27 Aug 2008, 3:31 pm
Bd. of Education of City of New York, No. 064715p.pdf "The question of whether a biological and non-custodial parent of a disabled child has standing to sue under the Individuals with Disabilities Act, is certified where plaintiff's standing turns on a question of New York law that has not been addressed by the New York Court of Appeals. [read post]
27 Aug 2008, 3:09 pm
Search of defendant's wallet was justified as either search incident or inventory of the wallet when defendant was in custody. [read post]
27 Aug 2008, 12:20 pm
[C]ertain information . . . may be protected from disclosure, such as information . . . that would compromise a person's financial security or personal safety. . . . [read post]
23 Aug 2008, 9:15 am
An interrogation conducted within the suspect's home is not per se custodial. [read post]
23 Aug 2008, 7:30 am
Both Mike at C&F and Eugene at VC have posted about Judge Bybee's 9th Circuit decision in United States v. [read post]
