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28 Dec 2015, 5:00 am
The egregious conduct by … Continue reading → The post Does My Injury Case Qualify for Punitive Damages? [read post]
20 Aug 2017, 11:46 am
In this case the court found the underlying federal criminal law does not require proof that the defendant commit the underlying sexual crimes described in the charge, nor does it require the defendant actually engage in the sexual activity. [read post]
14 Apr 2015, 1:31 pm
Despite municipal respondents’ doomsday proclamations, incorporation [of the Second Amendment by the Fourteenth Amendment] does not imperil every law regulating firearms. [read post]
10 Jan 2009, 6:23 am
Windows Defender does a good job of protecting Windows computers; but, there are a lot of free antivirus and antispyware solutions out there that do an adequate job. [read post]
1 Mar 2017, 7:07 am
Ernest Stone represented John Doe in a criminal case... [read post]
20 May 2024, 3:23 pm
The majority also held that § 285 does not permit prevailing defendants to recover fees from plaintiff’s counsel. [read post]
5 Mar 2012, 11:35 am
In addition, the defendant duly received the summons and presently has the opportunity to defend himself.SEC v. [read post]
23 Sep 2021, 5:59 am
Has COVID been good for criminal defendants? [read post]
15 Jul 2013, 4:27 pm
The United States Supreme Judicial Court held that, in circumstances of pre-arrest and where a person has voluntarily chose to speak with police, merely being silent does not automatically assert your 5th Amendment Rights. [read post]
17 Oct 2014, 2:36 pm
Only after the state presents sufficient evidence of the defendant's guilt, if the state ever does, does that presumption of innocent disappear. [read post]
21 Nov 2006, 12:43 pm
The text of the "sanctions" provision of the Speedy Trial Act relating to indictments does not "does not explicitly require the defendant to file a motion, whereas the sanction provision for speedy trial claims" 18 U.S.C. [read post]
27 Nov 2018, 9:37 am
Earlier this month, the Court ruled that: (1) a party must “prevail” before it can recover any attorney’s fees under the DTSA and (2) a plaintiff’s dismissal of its claims without prejudice does not confer the “prevailing party” status on defendants. [read post]
6 Feb 2019, 5:16 am
Does an insurance company have an obligation to continue to defend its clients? [read post]
12 Mar 2015, 9:20 am
He had ample notice of the charge against which he must defend. [read post]
18 May 2022, 7:09 am
When applying such an exception, may a court consider extrinsic evidence of the date of an occurrence when (1) it is initially impossible to discern whether a duty to defend potentially exists from the eight-corners of the policy and pleadings alone; (2) the date goes solely to the issue of coverage and does not overlap with the merits of liability; and (3) the date does not engage the truth or falsity of any facts alleged in the third party pleadings? [read post]
17 Nov 2008, 5:48 am
Where does it end? [read post]
15 Feb 2010, 4:56 pm
If a party duly subpoenas a witness and the witness does not appear, the party must follow a three-step process to preserve error—the Erwin procedure. [read post]
3 Jul 2013, 3:17 am
Judge Kendall: 1) denied defendant Doe 15′s motion to dismiss; 2) denied Doe 15′s motion to quash the subpoena of Doe 15′s internet provider; 3) granted Doe 15′s unopposed motion to remain anonymous; and 4) severed each of the 15 defendants, except for Doe 15 in this Bit Torrent copyright case. [read post]
7 Sep 2018, 12:59 pm
§ 13-3408 Other Articles of Interest from The Law Office of James Novak’s Award Winning Blog: Court Discusses Accomplice Liability in Recent Arizona Robbery Case, Arizona DUI and Criminal Defense Attorney Blog, July 19, 2018 Arizona Court Determines Defendant Consented to Extended Traffic Stop, Arizona DUI and Criminal Defense Attorney Blog, August 14, 2018 Court Holds Arizona Medical Marijuana Statute Does Not Permit Possession of Hashish, Arizona DUI and Criminal… [read post]
15 Mar 2007, 5:43 am
Davis says this does not mean his attorneys do not devote enough time to important cases, but the numbers illustrate the increasing number of cases public defenders work on. [read post]
