Search for: "Welling v. Welling"
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19 Sep 2016, 10:09 am
For that, you have to read all the way to page four of the opinion.But from the mere framing of the question -- as well as the strategically placed emphasis on the word "both" -- you can probably already figure out the answer.As page four says:"We hold a section 170.6 challenge filed in a case that is related to (not consolidated with) an earlier-filed case in which the assigned judge has resolved a disputed factual issue relating to the merits requires transfer of only… [read post]
21 Nov 2016, 3:48 pm
That never works out well. [read post]
7 Feb 2020, 1:30 pm
"That strikes me as exactly the right balance (as well as the correct interpretation of the rule). [read post]
1 Apr 2013, 11:59 am
But there was some extra stuff in there as well. [read post]
22 Feb 2017, 3:50 pm
These sentences from today's opinion neatly encapsulate why Property was the least favorite of my first-year classes in law school: (Though I like the way Justice Rushing puts them, as well as the snide asides about the quality of counsels' arguments)"Vieira also contends, if somewhat obliquely, that before being allowed to award such damages, the jury should have been required to determine whether McCoy was an occupant. [read post]
9 May 2014, 11:32 am
We will be looking at the extra time you spent in the hospital, your lost wages from additional time off work, the physical, financial and emotional burden your illness or condition placed on your family, the cost of ongoing treatments or medication and whether the condition is permanent or will require follow-up well into the future. [read post]
4 Feb 2013, 2:23 pm
. - The majority opinion's worth a read as well. [read post]
28 Apr 2023, 2:09 pm
Particularly when, as here, all this happens in a published opinion.There's a lesson here as well. [read post]
29 Dec 2015, 2:16 pm
Here, it may well be the difference between life and death.The vote is 6-5 to overrule circuit precedent and overturn the death sentence here. [read post]
24 Jun 2014, 3:45 pm
"Shouse was found to have an expansive cache of child pornographic material, including 82 child pornography images on an iPhone, and an old cellular phone SD card containing 264 child pornography images as well as18 child pornography videos, nearly all of which Shouse produced himself as he committed sexual acts on a female infant. [read post]
16 Mar 2018, 12:42 pm
And if you do all that when you're on probation, and hence subject to a search condition, wow, that's incredibly unwise.But when you do all this and you have some methamphetamine and a glass pipe in that same purse, well, at that point, I don't know what advise I can give you.The defendant here, Beatrice Aguirre, actually gets an amazing deal; she gets to plead guilty to only a single count of forgery for all of the above. [read post]
23 Jul 2015, 3:42 pm
Leon stays in prison for the rest of his life.The crimes at issue, as well as the trial, transpired in early 1993. [read post]
7 Aug 2019, 2:43 pm
Makes sense, and a well-known principle.But, here, the defendant removes (frivolously), gets remanded, and then later removes again. [read post]
5 Mar 2018, 1:13 pm
Or that people seem to buy it.Of course, there are real victims as well, so at the same time, it's incredibly sad.It's a set of facts I wouldn't believe if someone pitched 'em to me. [read post]
13 May 2013, 11:56 am
Judge Clifton's dissent raises an interesting point that I should have -- but haven't fully -- considered previously: that in many police excessive force cases (as well as others), the sole surviving witnesses are the defendants themselves. [read post]
22 Jan 2016, 11:46 am
Well, not "hard". [read post]
6 Oct 2020, 2:56 pm
" But the Court of Appeal holds that, notwithstanding this text, the lawyer can also be disqualified from pretrial proceedings as well; i.e., completely disqualified.The underlying case is definitely a messy one. [read post]
9 Jul 2015, 10:15 am
You might well be able to do something under state law. [read post]
6 Feb 2018, 12:25 pm
The Ninth Circuit held that even though that parenthetical might well be read in such a fashion, viewed as a whole, the notice didn't really say that, and there was only opportunity for a single opt-out election.Here's footnote four:"Plaintiffs repeatedly characterize Simpson’s argument as “attorney-manufactured. [read post]
8 Jun 2020, 12:23 pm
Whalum now wishes that he had just left well enough alone on this one. [read post]
