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13 Jan 2011, 2:01 pm by Julie Lam
  In a 2-1 opinion, In re Forfeiture of a Quantity of Marijuana, No. 291993, the Court of Appeals reversed, concluding that the police report which was reporting a statement of claimants’ son about a statement of his father was inadmissible triple hearsay, and that the affidavits, pleadings, and documentary evidence showed at a minimum that material questions of fact existed regarding the innocent owner affirmative defense. [read post]
7 Oct 2014, 10:01 pm by Dan Flynn
Contents of the affidavits also have not been made public, as they are part of the sealed motion. [read post]
16 Mar 2011, 5:12 am by Gritsforbreakfast
But Austin attorney Kiele Linthrop Pace at least did not remain silent, recording the story of an Austin police officer who seemingly, rather blatantly fabricated facts in a probable-cause affidavit. [read post]
10 Dec 2017, 9:43 am by Wolfgang Demino
A recent case opinion (see below) addresses the scenario where the reason for the no-show is lack of notice of the trial setting, and how that fact is established to revive the case. [read post]
10 Dec 2017, 9:43 am by Wolfgang Demino
A recent case opinions (see below) address the scenario where the reason for the no-show is lack of notice of the trial setting, and how that fact is established to revive the case. [read post]
26 Aug 2007, 2:22 pm
When one picks and chooses a few questions to pose to a jury to ferret out historical facts, staying away from asking the broader question of what constitutes reasonable behavior under those facts, one cannot help but focus attention on some events to the diminution or exclusion of others. [read post]
18 Apr 2007, 9:18 am
The submission of the ASG was that a head count census was, in fact, not a possible or feasible option. [read post]
16 Mar 2020, 6:35 am by The Law Office of Philip D. Cave
Thus, “[a]n affidavit cannot be labeled ‘bare bones’ simply because it lacks the requisite facts and inferences to sustain the magistrate’s probable-cause finding; rather, it must be so lacking in indicia of probable cause that, despite a judicial officer having issued a warrant, no reasonable officer would rely on it. [read post]
19 Nov 2015, 3:58 pm by Charles (Chuck) Rubin
This was evidenced by the other provisions of the trust agreement, and an affidavit by the attorney who drafted the trust. [read post]
23 Mar 2011, 12:14 pm by admin
Rating: 10.0/10 (1 vote cast)Related posts: Montgomery, Greene, Clark, and Warren County Ohio: Divorce Fact 9/10 Montgomery, Greene, Clark, and Warren County Ohio: Divorce Fact 10/10 Montgomery, Greene, Butler, Clark, and Warren County Ohio: Divorce Fact 7/10: Providing Financial Affidavits etc. [read post]
16 Aug 2011, 4:13 pm by Keith Donoghue
“Reliance on a warrant affidavit that omits a fact critical to any reasonable belief in the existence of probable cause is the sort of thing we can expect the exclusionary rule to deter: all an investigator must do to avoid exclusion is comply with the well-known duty to spell out the complete factual basis for a finding of probable cause within the affidavit's four corners. [read post]
10 Jan 2017, 2:42 pm by Lawrence B. Ebert
In so doing, anappellant may submit “arguments and any affidavits orother evidence” to demonstrate its standing. [read post]
20 Dec 2011, 9:27 pm
To succeed, the Patients Property Act provides that you must have affidavits from two medical practitioners providing their opinions that the person you are seeking to have declared incapable is in fact incapable. [read post]
30 Aug 2012, 2:57 am by Kristina Araya
  Therefore, the court concluded that in order to establish probable cause, an affidavit supporting a search warrant “need not provide facts from which a magistrate could conclude that a suspect’s marijuana-related activities are specifically not legal under the MMMA. [read post]
  Further, the District Court noted that facts in the removal petition would be considered, and the parties may be required to submit summary-judgment type evidence relevant to the amount in controversy at the time of removal. [read post]
14 Jan 2007, 11:19 am
Indeed, if Cisco’s affidavit of use contained a false statement of fact, its registration could (and should) be cancelled.The next company with priority for IPHONE? [read post]
19 Sep 2016, 12:08 pm
“ * * * * *’`[T]here's no factual basis in the [affidavit] to believe that there was anything other than these two things. [read post]