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8 Oct 2016, 7:01 am
In reading subsection (g), the SCOV concludes that the language is inclusive of all criminal convictions, and does not limit applicability based on the nature of the initial crime to those not listed under the other statute. [read post]
11 Nov 2013, 7:05 am
Or does it say something about life in Williamson County when the the State of Tennessee is worried about being called "the government"? [read post]
6 Dec 2016, 1:56 pm
The public safety exception also does not apply under these circumstances. [read post]
8 Nov 2018, 6:33 am
What is the Sudden Emergency Defense, and How Does it Work? [read post]
27 Jul 2013, 10:06 pm
So, you might be wondering, what legal duties does the plaintiff allege were breached by ATO? [read post]
7 Jun 2014, 9:16 am
If your client does not want to settle yet, then the mediation is premature and should be postponed. [read post]
27 Mar 2022, 9:30 am
First, the "clearly established" prong of the qualified immunity analysis does not measure the reasonableness of a defendant's actions against the circumstances presented; rather, it measures the reasonableness of the defendant's actions against the "state of the law" at the time the defendant acted....Second, assuming for present purposes that Defendant only had two options available to her, she nonetheless chose the option… [read post]
8 Dec 2014, 7:22 pm
A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted or alarmed.1 In order to establish the guilt of the defendant the burden is upon the State to prove beyond a reasonable doubt each of the following elements of the offense. [read post]
6 Feb 2010, 6:20 am
The problem is that arresting someone based DWI blood case does not mean that the State can get a conviction. [read post]
1 Jul 2014, 11:48 am
Winkleman, et al., 746 F.3d 134 (3d Cir. 2014), ruling that Alleyne does not apply retroactively to cases on collateral review. [read post]
2 Jul 2006, 8:43 pm
Superior Court, 139 Cal.App.4th 1423 (May 26, 2006), the Bond case does not implicate the doctrine of journalistic privilege. [read post]
19 Jun 2019, 4:32 am
Charter to defend itself and its citizens. [read post]
23 Aug 2016, 9:56 pm
The Restatement does not require that the defendant own or use land in a certain manner, and if the plaintiff's allegations are correct, the defendants may well be liable for their failure to disclose a drainage easement if it results in damage to the plaintiff's property. [read post]
10 Apr 2009, 5:21 am
What does this mean to you? [read post]
16 Apr 2009, 8:00 am
In an opinion from February of this year, a Massachusetts district court denied a defendant’s motion for summary judgment where the defendant argued, like here, that Rule 10b5-2(b) did not apply to business relationships. [read post]
26 Mar 2009, 4:17 am
Starting on July 8, 2006, plaintiff worked as a medical assistant for defendant. [read post]
29 Apr 2013, 1:04 pm
This means that the judge must throw the charges out, and the defendant does not have to take his/her chances with a jury. [read post]
24 Oct 2013, 1:24 pm
However, New York law does not plainly speak to the issue of when, for these purposes, a conspiracy ends. [read post]
13 Oct 2016, 1:34 pm
If the defendant does not show up for required court proceedings, the person guaranteeing the bond for the defendant will be responsible for the entire amount of the bail if the defendant cannot be located. [read post]
17 Jul 2012, 10:06 am
This Court does not have the power to afford [defendants] that remedy. [read post]
