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18 Nov 2021, 6:19 am
However, the trial court explicitly found that the affidavit established probable cause in its findings of fact and conclusions of law. [read post]
24 May 2021, 12:45 pm
The fact that the affidavit at issue here plays such a central role in a motion to suppress is significant for the Court's constitutional analysis. [read post]
21 Jul 2010, 5:24 am
The appeals court said a reasonable person wouldn't take the spoof of the professor as statements of fact or believe publishing the statement was a crime. [read post]
12 Jun 2015, 2:04 pm
A lot of the content in those affidavits is inadmissible because it is hearsay, double-hearsay, opinion or speculation, facts stated that are outside of the affiant’s personal knowledge or facts that have an insufficient foundation. [read post]
12 Feb 2013, 3:04 pm
The expert's opinion was based upon a string of assumptions not supported by facts in the record and thus did not raise a triable issue of fact as to whether defendant doctor’s examination and treatment of the plaintiff was a competent producing cause of her injuries. [read post]
7 May 2015, 6:00 pm
In addition, the self-executing affidavit of the attesting witnesses created "a presumption that the will was duly executed" and also constituted "prima facie evidence of the facts therein attested to by the witnesses". [read post]
2 Jul 2009, 2:02 am
As I read the case, the remedy was for the court to order DNA tests and not to set aside the paternity affidavit until there was a DNA test.The Commissioner of Grant Superior Court Two for the Title IV-D court read the case a bit differently. [read post]
22 Apr 2013, 12:50 pm
To get one, a federal agent, with (Lord help us, hopefully) a federal prosecutor assisting, drafts an affidavit explaining the facts supplying probable cause for the federal charges sought. [read post]
30 Sep 2016, 10:29 am
The appellate court ruled in favor of the plaintiff, and held that the expert’s affidavit created a genuine issue of fact. [read post]
30 Sep 2016, 10:29 am
The appellate court ruled in favor of the plaintiff, and held that the expert’s affidavit created a genuine issue of fact. [read post]
31 Jan 2008, 5:03 am
Thus, here, as in Jones, "Owens does not apply to this case because the key facts in Owens were that the affidavit supporting the warrant specifically targeted an occupied apartment, and no other apartment fit the description given in the affidavit. [read post]
28 Oct 2015, 3:32 am
Dunning, supra.The judge also noted that Magistrate Judge Atkins citeda host of cases where other courts reached this same conclusion when confronted with similar facts and arguments. [read post]
27 Mar 2011, 9:38 am
Rating: 10.0/10 (1 vote cast)Related posts: Montgomery, Greene, Butler, Clark, Miami and Warren County Ohio: Divorce Fact 5/10: Restraining orders of bank accounts & life insurance policies Montgomery, Greene, Butler, Clark, and Warren County Ohio: Divorce Fact 7/10: Providing Financial Affidavits etc. [read post]
7 Apr 2009, 12:04 am
While researching a Motion to Correct Errors for a case under our paternity affidavit statute (go here for all my articles on paternity affidavits), I found Opp v. [read post]
22 Nov 2009, 3:35 am
For some reading me, this is not really news - I have been reporting on the problems with Indiana and its paternity affidavits for quite some time (check out the archive for my paternity articles). [read post]
21 Jan 2012, 3:36 pm
(1) The Swalves asked for dismissal because the facts showed Mutual did not give proper notice of the assignment of debt. [read post]
5 Jan 2013, 3:03 pm
The burden, therefore, shifted to the man to raise a triable issue of fact. [read post]
2 Jan 2013, 3:33 pm
The burden, therefore, shifted to the man to raise a triable issue of fact. [read post]
19 Jun 2014, 5:56 pm
Lastly, it is noted that the objectant's contention that the motion is supported solely by the affidavit of an attorney, who did not witness any of the relevant facts, is simply not accurate. [read post]
2 Jun 2016, 3:20 am
DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967), to determine the facts surrounding Appellant’s allegations that his trial defense counsel was ineffective in failing to identify and investigate potential mitigation evidence for the presentencing hearing. [read post]
