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7 Dec 2013, 11:30 pm
When this method is used, the defendant does not have to be encountered in person and the process server or law enforcement officer will not be in a position to testify about having handed the papers to the defendant. [read post]
4 Oct 2021, 2:06 pm
Conviction Reversed: “No Loitering” Does Not Have the Same Meaning as “No Trespassing” The Court explained that “No Loitering” does not convey the same meaning as “No Trespassing. [read post]
26 Jan 2011, 3:40 pm
" (It does not bar, though, "limited intervention of right in the remedial phase" or intervention as a plaintiff.) [read post]
24 May 2013, 12:51 pm
The statute defines three categories, plaintiff argued: deceased plaintiffs in subsection (a), a defendant who plaintiff knows is dead in subsection (b), and a defendant who plaintiff does not know is dead in (c). [read post]
6 Mar 2014, 1:38 pm
First, a defendant charged with such a crime is often stigmatized before he gets his day in court. [read post]
26 Oct 2015, 6:46 am
The court denied defendants' motion to disqualify plaintiff's counsel after he violated a protective order by disclosing defendants' highly confidential information to plaintiff. [read post]
10 Sep 2021, 7:36 am
” Plaintiff also sufficiently alleged knowledge by alleging that “Defendant knew or should have known of this relationship between Plaintiff and John Doe customers. [read post]
3 Mar 2009, 8:13 am
But my central point is that a Calhounian reading of "republicanism" (putting to one side that Calhoun originally created his theory to defend the interests of slaveowners) puts the lie to any easy notion that the United States is being honest with the rest of the world in pronouncing itself committed to the "democracy project. [read post]
26 Oct 2010, 10:08 pm
Curley ruled that the self-incrimination Clause of Article 12 of the Massachusetts Declaration of Rights, does not preclude the Commonwealth from introducing evidence of a defendant's unsuccessful attempt to take a breathalyzer test. [read post]
15 Oct 2007, 9:05 am
Does the court have a duty under Fed.R.Crim.P. 32 to resolve these disputes? [read post]
24 May 2010, 1:05 pm
The fact that a declarant is unavailable for cross-examination because the defendant murdered her does not, by itself, forfeit the defendant's right to confront her as a witness. [read post]
3 Apr 2014, 1:51 pm
However, the court did not address the issue fully because of its finding that the defendant did not act wilfully. [read post]
9 Oct 2017, 6:36 am
The court ruled that while state law does allow stand your ground immunity in both criminal and civil cases, the determination of of immunity in a criminal case doesn’t automatically transfer over to a civil case. [read post]
18 Feb 2011, 6:07 pm
Longtime and careful readers of the blog will remember that the last time our hero went to Tampa to defend Buju Banton, David Markus endured a tense Friday only to have deliberations halted for the weekend and resume on Monday, wherein the jury eventually announced they were hung. [read post]
11 Jan 2011, 4:03 pm
The Defendant refused. [read post]
5 Jun 2017, 3:00 am
The post Post Removal Denial of Class Certification Does Not Divest the District Court of its Jurisdiction appeared first on CAFA Law Blog. [read post]
4 Jan 2016, 6:16 am
Put another way, a defendant does not get to pay less for his or her negligence simply because a third party compensates an injured individual. [read post]
21 May 2012, 9:01 am
" "Although New York law requires this Court to dismiss the indictment, it does so with great regret. [read post]
15 Feb 2007, 6:38 am
But right now, only the one in Houston does, and you can't just leave these people laying around in jail indefinitely until the mental health system gets its act together.This lawsuit reminds the state, and hopefully legislative budget writers, that no advocacy group's political agenda nor any philosophical dispute over funding strategies gets to override defendants' constitutional rights - even, perhaps especially, defendants who've been declared… [read post]
8 Jun 2016, 5:25 pm
However, there is a related principle, known as primary assumption of risk, which holds that a defendant does not need to protect a participant in a sports or sports-like activity against risks that are inherent in that activity. [read post]
