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2 Jul 2008, 3:43 pm
Does he mean that the murder might reveal that the intent of the prior abuse was to intimidate the witness from testifying - and if so, what does that matter? [read post]
4 Nov 2009, 4:10 am
Chapman had permission to be in her house, her "after the fact" acquiescence does not amount to an invitation as contemplated by the United States Supreme Court. [read post]
12 Feb 2016, 11:43 am
In other words, the prior felony conviction does not have to be a Florida felony conviction. [read post]
4 Jul 2014, 3:36 pm
This does not normally apply to marijuana cases because medical marijuana is not yet legal and there are no valid Florida prescriptions for marijuana. [read post]
5 Aug 2015, 5:03 am
Our High Court ruled that so long as Michigan's sentencing process requires trial judges to make findings of fact to which a defendant does not confess or that a jury did not determine beyond a reasonable doubt, that process was unconstitutional.Scrapping the sentencing guidelines, the Supreme Court further mandated that sentencing judges must now treat the sentencing guidelines as "advisory only". [read post]
11 Apr 2013, 1:11 pm
This is an example of a case where the defendant was most likely guilty of committing a crime, however if the state does not understand the law and does not charge the crime properly, the state cannot proceed with a conviction. [read post]
DNA on Gun Was Not Sufficient for Possession of a Firearm By a Convicted Felon Conviction in Florida
2 Jun 2014, 2:16 pm
Not many cases have DNA evidence presented by the state, but when the state does present DNA evidence, juries usually take note. [read post]
13 Dec 2010, 6:42 pm
Dec.9, 2009) (“The lesson of Nixon, as reflected in cases decided both before and after that decision, is ‘that counsel's concession of a client's guilt does not automatically constitute deficient performance. [read post]
21 Oct 2019, 6:30 pm
If the defendant does not have a compelling expert report, he or she may be found liable as a matter of law, whereas if the plaintiff lacks a strong report, his or her case may be dismissed via a motion for summary judgment. [read post]
8 Jul 2021, 1:17 pm
Without a knowledgeable attorney on your side, getting a tenant out of your apartment, or defending yourself against a crazy landlord, can be an exercise in frustration. | O'Flaherty Law - Learn About Law Legal Articles, Videos & Podcasts with O'Flaherty Law [read post]
27 Sep 2022, 9:26 am
Court of Appeals for the Third Circuit recently affirmed a trial court’s dismissal of a putative class action complaint alleging that the defendant debt buyer violated the federal Fair Debt Collection Practices Act (FDCPA) by trying to collect interest supposedly in excess of limits imposed under Pennsylvania law. [read post]
5 Jul 2016, 7:55 am
District Court for the District of Minnesota recently held that a defendant cannot moot a putative class action against it, even by tendering the full amount claimed to the named plaintiff and before a motion for class certification is filed. [read post]
3 Jan 2018, 2:59 pm
We’ve blogged a lot about the Defend Trade Secrets Act in the roughly year-and-a-half period since the law was enacted. [read post]
5 Nov 2015, 5:24 am
Constitution with providing accurate immigration advice to their clients, in reality, this often does not happen. [read post]
22 Sep 2011, 6:52 pm
Doe, 170 P.3d 712 (Ariz. [read post]
21 Apr 2018, 4:05 am
But so does silence. [read post]
19 Apr 2010, 5:23 am
As a result, defendants' hoped-for success in the instant litigation would trigger the 75-day window during which defendant would have to begin marketing its drug. [read post]
18 Aug 2016, 5:23 am
With the sale of drugs, however, there is an attenuation issue, that the sale and use of drugs does not have a direct correlation with death or serious physical injury in the same sense that a bullet does. [read post]
29 Aug 2023, 9:01 pm
Accordingly, the law does not require the shuttering of DEI offices.What about prudence? [read post]
23 Mar 2011, 2:49 am
Clearly, a successful patent reexamination from a defendant perspective does not necessarily require that a Patentee cancel or amend claims. [read post]
