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11 Mar 2010, 8:25 am by Edward M. McNally
As this opinion points out, certainly not when the defendants appoint their relative to the SCL and those that are indebted to them. [read post]
18 Dec 2006, 6:00 am
The case raises the following issue: Does the Federal Food, Drug, and Cosmetic Act (21 U.S.C. [read post]
7 Sep 2010, 6:14 am by The Docket Navigator
The argument that the thief was just doing what the circumstances required him to do to achieve other ultimate ends does not effectively negate finding specific intent to assault. [read post]
14 Mar 2009, 5:19 pm
Witmer proceeded with a DUI defense attorney on hand, but argued the motion himself, which does not bode well. [read post]
11 Oct 2014, 7:08 am
(Black’s Law Dictionary, 10th ed 2014).[4] Cumulative evidence: Additional evidence that supports a fact established by the existing evidence (esp. that which does not need further support). [read post]
Much like a defendant charged with multiple petty offenses, the fact that the potential exists for an aggregate sentence exceeding six months incarceration does not entitle such a defendant to a jury trial. [read post]
16 Apr 2024, 8:40 am by Dennis Crouch
  Although the proposal does not create a right to immediate appeal, it does set a standard for mandamus that would seem to permit immediate relief of erroneous transfer denials for improper venue. [read post]
1 Jun 2018, 12:45 pm by Eugene Volokh
Because a painted flag does not fly, we affirm.... [read post]
3 Sep 2021, 3:30 am by Maureen Carroll
Maureen Carroll The civil and criminal justice systems are built on an adversarial model, but only in the criminal sphere does the defendant possess a constitutional right to representation at public expense. [read post]
10 Dec 2008, 2:50 pm
The Bar must solicit a reply from the accused party, if only to close the file and summarily dismiss the allegation.An inquiry letter does not mean the Bar has reached a conclusion, rendered a disposition, or made a judgment. [read post]
4 Mar 2014, 4:11 pm
If the defendant and his co-defendant entered into an agreement pursuant to which this defendant exaggerated his bill and his medical report with the intent to deprive and defraud the insurance company of its money in an amount that would constitute a felony, and to appropriate the same to the use of either of the defendants or to aid and abet the co-defendant or others to do so, and the defendant wrote and issued such bill and statement, the… [read post]
2 Dec 2014, 6:56 am by Lawrence Kasperek
“CPL 190.50 (5) (a) does not mandate a specific time period for notice; rather, ‘reasonable time’ must be accorded to allow a defendant an opportunity to consult with counsel and decide whether to testify before a [g]rand [j]ury” (People v Sawyer, 96 NY2d 815, 816, rearg denied 96 NY2d 928). [read post]
”  In Rotkiske, the plaintiff alleged that the defendant violated the FDCPA by obtaining a default judgment against him based on service of a complaint at an address the defendant knew or should have known was incorrect (a practice sometimes referred to as “sewer service”). [read post]
20 Mar 2017, 4:32 am by R. David Donoghue
The individual defendant would not be significantly burdened by defending the claims in Illinois. [read post]
2 Aug 2011, 2:18 pm by Madelaine Lane
  Indeed, the Court concluded that MCL 600.2957 does not require that an amended complaint be filed within 91 days of the identification of a nonparty defendant. [read post]