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16 Jan 2018, 9:01 pm by Sherry F. Colb
The issue, though, is whether police should be able to search a car without a warrant even when there is no exigency in the particular case.The government maintains that there was a particularized exigency in this case, a claim that it is prepared to defend on remand if it loses on the automobile exception in the Supreme Court. [read post]
16 Jan 2018, 2:06 pm by Bruce Zagaris
Pursuant to section 7345(f), the $50,000 amount is adjusted for inflation each calendar year beginning after 2016. [read post]
16 Jan 2018, 2:06 pm by Bruce Zagaris
Pursuant to section 7345(f), the $50,000 amount is adjusted for inflation each calendar year beginning after 2016. [read post]
16 Jan 2018, 10:14 am by MBettman
Further, in R.C. 2929.03(F), the trial judge must articulate his or her factual findings by issuing a written opinion outlining the independent re-weighing of the relevant factors. [read post]
16 Jan 2018, 3:36 am
The Rule states that "[i]f grounds for a counterclaim are known to the applicant when the answer to the opposition is filed, the counterclaim shall be pleaded with or as part of the answer. [read post]
Transport Service Co. of Illinois, 445 F.3d 801 (5th Cir. 2006), in which the Fifth Circuit held that a post-CAFA amendment to a pleading adding a new defendant to a pre-CAFA suit re-commences the suit as to the added defendant. [read post]
13 Jan 2018, 8:00 pm
(See, e.g., Germain, 756 F.3d at pp. 941-954 [construing the laws of Arkansas, Connecticut, Florida, Georgia, Illinois, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, New York, North Carolina, Ohio, Texas, Washington, and West Virginia]; Phelps v. [read post]
11 Jan 2018, 7:08 pm by Jamie Markham
When a violation report is filed before probation expires, the court has jurisdiction to act on the case under G.S. 15A-1344(f). [read post]
11 Jan 2018, 8:00 am by Liz Kramer
Global Tellink Corp., 852 F.3d 262 (3d Cir. [read post]
11 Jan 2018, 7:05 am by Aurora Barnes
Arizona 17-251 Issues: (1) Whether Arizona’s capital sentencing scheme, which includes so many aggravating circumstances that virtually every defendant convicted of first-degree murder is eligible for death, violates the Eighth Amendment; and (2) whether the death penalty in and of itself violates the Eighth Amendment, in light of contemporary standards of decency. [read post]