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26 Feb 2019, 10:24 am by Arthur F. Coon
”  Conspicuously absent from this portion of the opinion’s discussion is any mention of the legislative intent underlying the 90-day filing and service statute of limitations of Government Code § 65009(c)(1), its plain language stating it applies to bar “all persons” from “any further action or proceeding” after it expires (§ 65009(e)), and its expressly stated intent not to displace shorter statutes of limitations. [read post]
23 May 2021, 7:38 am by Richard Hunt
Aeroquip Credit Union, 936 F.3d 489, 493 (6th Cir. 2019) (citation omitted); see also Griffin v. [read post]
14 Feb 2024, 10:48 am by Jeffrey Randa
That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk. iv. [read post]
3 Mar 2008, 12:13 pm
Lynch, No. 05-6048 Criminal possession of a weapon and attempted burglary are each considered "violent felonies" under the Armed Career Criminal Act, 18 U.S.C. 924(e) to justify a statutory minimum of fifteen years' imprisonment when there are three prior violent felony convictions. [read post]
24 Aug 2011, 8:25 am by Bexis
Super. 2006), and Schindler v. [read post]
21 Dec 2020, 11:56 am by Phil Dixon
(1) Despite the State’s repeated use of “moped” to describe the defendant’s vehicle, sufficient evidence existed to establish that the defendant’s vehicle met the statutory definition of “motor vehicle”; (2) New trial required where trial court plainly erred in failing to instruct the jury on the definition of “motor vehicle” State v. [read post]
17 May 2016, 3:56 am
Escobar, 780 F. 3d 504 (1st Cir. 2015), the Court definitely took a run through the weeds. [read post]
28 Oct 2011, 7:22 am by lawmrh
But the clip nevertheless underscores the problem with objectified intolerance. _____________________________________________________________ (1) Prior to a post-conviction evidentiary hearing in State v. [read post]
31 Aug 2011, 1:05 pm
This is very much like patenting E=mc2 . [read post]