Search for: "Matter of Grand Jury Proceeding (Doe)"
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28 Jul 2015, 1:35 pm
However, the Court of Appeals disagreed with this reasoning, and reversed and remanded the matter to the lower court. [read post]
12 Jul 2015, 8:15 pm
The attorney for the defendant maintains, even if the Court accepts as true the plaintiff's speculative accusations against the Old Brookville Police Department, summary judgment should still be granted in favor of the defendant because, as a matter of law, the legality of the arrest does not hinge upon whether probable cause existed for the specific offense invoked by the arresting police officer at the time of the arrest, but upon whether the facts known by the arresting… [read post]
1 Jul 2015, 5:17 am
Specifically, he argues that, as a matter of law, the Commonwealth failed to prove that the value of the item stolen was $200 or more, and therefore, his conviction of grand larceny should be reversed and remanded for further proceedings. . . .Williams v. [read post]
23 Jun 2015, 9:35 pm
Jurisdiction of courts is one of the subject matter that the Stephen Bilkis & Associates took extraordinary cognizant of, as it can affect the whole proceeding if the court trying the case does not have power to adjudicate. [read post]
23 Jun 2015, 12:29 pm
Likewise, in Matter of Roldan (BIA 1999), Int. [read post]
22 Jun 2015, 7:38 am
Some have argued that the Department of Justice must have had information spurring them to use the grand jury to pierce the anonymity of people engaged in protected political speech. [read post]
18 Jun 2015, 3:35 pm
In addition, unlike grand jury investigations, Congressional investigations do not remain secret for extended periods. [read post]
17 Jun 2015, 7:03 am
The defendant does not dispute that his statements to the grand jury were false. [read post]
14 Jun 2015, 2:20 pm
Put another way, when the Supreme Court has articulated limits on military jurisdiction, it has done so largely by reference to the jury-trial rights of military defendants--treating the right to a jury trial (and a grand jury indictment) as interchangeable with the right to have an Article III judge preside over federal criminal prosecutions. [read post]
3 Jun 2015, 5:36 am
The Harris County DA's office also improperly instructed prosecutors to redact offense report information "obtained by a grand jury subpoena," disingenuously conflating confidentiality of grand jury proceedings with the information presented to them to create a new category of information excluded from the defense that's not contemplated in the statute. [read post]
8 May 2015, 7:17 am
” The panel acknowledged that grand jury subpoenas—which also employ the “relevance” standard, and which serve as a model for Section 215—may allow the government to obtain large amounts of information in order to find relevant data contained therein. [read post]
9 Apr 2015, 8:20 am
Some states apparently allow crime victims or witnesses to approach the grand jury to seek an indictment. [read post]
2 Apr 2015, 1:30 pm
It does not approve individual requests for collection. [read post]
26 Mar 2015, 12:00 am
I walked her through the testimony she had offered at this trial, and a previous trial, and a grand jury proceeding, and her sworn statement to the police. [read post]
23 Mar 2015, 5:08 am
Whatever happened in the grand jury wouldn’t matter. [read post]
14 Mar 2015, 4:22 pm
A Nassau Abuse and Neglect Lawyer said that, defendant next argues that the grand jury proceeding was defective because the prosecutor failed to present evidence of the police informant’s prior convictions to the grand jury. [read post]
8 Mar 2015, 5:15 am
In his motion, Metzinger claimed that `the information does not, and cannot, allege all essential elements of § 574.115’ because [his] `sarcastic posts on Twitter did not constitute “true threats” as a matter of law and cannot be punished by the State. [read post]
6 Mar 2015, 3:30 pm
Finally, it must be noted that Criminal Procedure Law § 190.25(4) provides: "Grand jury proceedings are secret, and no grand juror or other person specified in subdivision three 2 may, except in the lawful discharge of his duties or upon written order of the court, disclose the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding. [read post]
2 Mar 2015, 6:48 am
After being charged, Metzinger filed a motion to dismiss the information pursuant to Rule 24.04(b)(2).In his motion, [Metzinger[ claimed that `the information does not, and cannot, allege all essential elements of § 574.115’ because [his] `sarcastic posts on Twitter did not constitute “true threats” as a matter of law and cannot be punished by the State. [read post]
18 Feb 2015, 7:12 am
Brumfield to testify before the grand jury. [read post]
