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Defendant T's motion to dismiss indictment 589/97 is granted only as to counts six, seven, and eleven.
2 Sep 2013, 11:14 am
United States v Harper, Department of Revenue of Montana v Kurth Ranch, Cordero v Lalor, and United States v Ursery settled that a sanction in a "civil" or non-criminal proceeding may constitute punishment for double jeopardy purposes. [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer24-7blog.com/
Episode 38 – The Status of Status
28 Jan 2013, 3:35 am by legaleaseckut
Eden Alexander presents the recent Ontario Court of Appeal decision, United States v. [read post]
LegalEase on CKUT 90.3 FM - http://legaleaseckut.wordpress.com
Episode 38 – The Status of Status
28 Jan 2013, 3:35 am by legaleaseckut
Eden Alexander presents the recent Ontario Court of Appeal decision, United States v. [read post]
LegalEase on CKUT 90.3 FM - http://legaleaseckut.wordpress.com
Equity demands the trial court consider dishonest, illegitimate conduct, and its impact on the past and future economic security
26 Oct 2012, 11:27 am by PaulKostro
Heuer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Uniform Child Custody Jurisdiction and Enforcement Act
4 Sep 2012, 10:00 am by PaulKostro
Greely v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent exceptional circumstances, no extension of the discovery period may be permitted after an arbitration or trial date is fixed
30 Aug 2012, 1:11 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the over-eighteen child (now adult) does not seek the compulsory financial support of a parent, then that parent should not have any legal control over the adult child so long as that child is competent and can independently function as an adult
25 Aug 2012, 4:37 am by PaulKostro
In Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent
20 Aug 2012, 2:46 pm by PaulKostro
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Drawing the line between acts that constitute harassment for purposes of issuing a domestic violence restraining order and those that fall instead into the category of ordinary domestic contretemps presents our courts with a weighty responsibility and con
18 Aug 2012, 4:04 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Undue influence
16 Aug 2012, 8:45 am by PaulKostro
Trumbull v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Reconsideration is to be distinguished from the Family Part’s inherent equitable powers to modify provisions of prior orders based upon changed circumstances
15 Aug 2012, 7:44 am by PaulKostro
[Palombi v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
DV defendant’s testimony may not be used as affirmative evidence in a related criminal prosecution; however, if a defendant chooses to testify, he or she would be subject to cross-examination to the same extent as the DV complainant
5 Aug 2012, 12:21 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The subject matter of some reports – e.g., psychological evaluations and a bonding evaluation – entailed the exercise of subjective judgment rather than a straightforward, simple diagnosis based upon objective criteria or one upon which reasonable profess
27 Jul 2012, 9:47 am by PaulKostro
., 161 N.J. 337, 346-47 (1999) (recognizing “the complexity and subjectivity involved in evaluating parental fitness”); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State must provide the parents with fundamentally fair procedures before a parent’s rights are terminated
27 Jul 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the UIFSA, the duration of child support for a particular child is controlled by the law of the first state to address his or her support
16 Jul 2012, 2:51 pm by PaulKostro
GUARDIOLA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The admissibility at trial of evidence of other crimes, wrongs, or acts
12 Jul 2012, 1:01 pm by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An at-will partnership
3 Jul 2012, 8:19 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While the trial judge must determine whether the expert’s training and experience are sufficient to permit the expert to state an opinion, it remains the jury’s function to determine the worth of that opinion
17 May 2012, 5:41 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The introduction of evidence concerning other crimes, wrongs, or acts is prohibited when offered to prove the disposition of a person to engage in unlawful conduct
15 May 2012, 8:36 am by PaulKostro
’” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues