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5 Sep 2018, 10:25 am
The 9th, following Valdes-Vega, 738 F.3d 1074 (9th Cir. 2013)(en banc) reviewed de novo, but gave “due weight” to the police agents’ and courts inferences drawn from facts. [read post]
5 Sep 2018, 9:00 am
In addition, after an indictment has issued, prosecutors may “supersede” (meaning to issue an amended or supplemental indictment on the same subject matter and addressing the same defendant or additional defendants). [read post]
4 Sep 2018, 4:34 am
Brothers-in-law can be a problem to a successful car sales operation as is sadly set forth in Brausch v Devery 2018 NY Slip Op 31929(U) August 7, 2018 Supreme Court, Suffolk County Docket Number: 11-28918 Judge: Denise F. [read post]
3 Sep 2018, 2:56 pm
The two stopped, and one of them said, "What the f*** are you doing? [read post]
2 Sep 2018, 11:49 am
Leal-Vega, 680 F.3d1160, 1167 (9th Cir. 2012), Judge M. [read post]
1 Sep 2018, 4:26 am
New Fifth Circuit Judge Don Willett agreed with the majority that, under the current state of the law, the court was constrained to grant the defendants QI in Zadeh v. [read post]
31 Aug 2018, 1:37 pm
Green, 897 F.3d 173 (3d. [read post]
31 Aug 2018, 11:59 am
The following are strict Rule 11 requirements federal judges must adhere to when accepting guilty pleas, especially those conditioned on agreements with the Government: Rule 11(b)(1) (B-F) requires the court to convey to the defendant that by pleading guilty they waive the following rights: right to a jury trial; right against self-incrimination; the right to maintain previously entered not guilty plea; the right to testify at a trial, the right to compel the appearance of… [read post]
31 Aug 2018, 9:14 am
Conley, 826 F. [read post]
31 Aug 2018, 6:29 am
The state had argued quite heatedly that R.C. 2125.021(F)(1)(b) could never be applied to violent offenses. [read post]
30 Aug 2018, 4:44 pm
While Hoskins involved an individual foreign defendant, the Second Circuit’s decision has implications for foreign corporations, which are also covered by the FCPA.[3] This case has been long-anticipated for its potential to proscribe the reach of the FCPA to foreign actors,[4] and will provide greater clarity to foreign companies that are trying to determine whether to take advantage of the DOJ’s FCPA Corporate Enforcement Policy.[5] Background The… [read post]
30 Aug 2018, 12:13 pm
Obama, 736 F.3d 542 (D.C. [read post]
30 Aug 2018, 11:15 am
As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. [read post]
30 Aug 2018, 7:06 am
SA, 779 F.3d 214 (3d Cir. 2015). [read post]
30 Aug 2018, 6:18 am
Lungwitz, 616 F.3d 993 (9th Cir. 2010). [read post]
29 Aug 2018, 7:49 pm
The letter includes a list of Chinese officials who should be considered for sanctions under the Global Magnitsky Human Rights Accountability Act (P.L. 114-328, Subtitle F), including Chen Quanguo, XUAR Communist Party Secretary and Politburo Member. [read post]
29 Aug 2018, 2:17 pm
Robertson, 357 F.3d 1072 (9th Cir. 2004). [read post]
29 Aug 2018, 1:20 pm
The defendant does indeed steal for a living, and is a recidivist. [read post]
29 Aug 2018, 10:32 am
Equitybuild Finance, f/k/a Hard Money Company, LLC, is structured as a Delaware limited liability company. [read post]
28 Aug 2018, 1:05 pm
., 252 F.3d 1274, 1278 (11th Cir. 2001). [read post]