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23 May 2024, 3:01 am
An investigation does not have to be perfect and does not have to turn over every stone, but it must be reasonable. [read post]
28 Aug 2012, 3:00 pm
Defendant further contends that his 9 1/2 to 19 year sentence is illegal and must be reduced since his second and third degree grand larceny convictions erroneously failed to reflect the benefit of the ameliorative change to the larceny statute. [read post]
16 Oct 2018, 3:59 am
As plaintiff seeks pecuniary loss only for such deviations from professional standards and does not allege any injury to real or personal property, such allegations state no cognizable claim against the moving defendants. [read post]
12 Dec 2011, 3:03 pm
Because we have previously held the MDLEA does not exceed Congress' law-making authority, this argument also fails. [read post]
10 Oct 2016, 12:43 pm
Bazinet’s opinion should be excluded: 1) He does not have the relevant experience to provide an opinion on protein digestion and absorption in the human body; 2) At his deposition, he testified that AQ would be digested into small peptides and amino acids; and 3) He did not conduct any testing to find out how AQ is digested in the body of consumer. [read post]
30 Sep 2022, 5:28 pm
App. 1931), the defendants made a motion picture of the early life of the plaintiff, who had been acquitted in a notorious murder case. [read post]
3 Mar 2022, 8:52 am
The Court thus held that this the defendant’s testimony did not warrant an instruction on attempted voluntary manslaughter. (2) The defendant next argued that the trial court did not ensure the defendant had knowingly consented before allowing defense counsel to concede the defendant’s guilt to multiple charges. [read post]
2 Jun 2022, 10:00 am
Thus, the Court found it does not appear counsel wholly created the report based on his own opinion and asked Darley to sign off on it. [read post]
16 Jan 2018, 6:11 am
The type of drug does not matter. 4. [read post]
18 Aug 2021, 7:10 am
” Acquiescence requires (1) knowledge by SMRI or its predecessors in interest of the defendant’s use; (2) implied or express consent to that use; (3) defendant’s change in position in reliance on that conduct. [read post]
3 Oct 2008, 12:01 pm
Does the defendant get his life back or does everyone figure he "got away with it"? [read post]
4 Sep 2024, 7:34 am
If a defendant injures you, that does not necessarily mean they are liable for your injuries. [read post]
4 Sep 2024, 7:34 am
If a defendant injures you, that does not necessarily mean they are liable for your injuries. [read post]
21 Aug 2014, 2:14 pm
Depending upon the type of abuse claimed, the elements include the following: Financial Abuse of An Elder Adult: Under California Welfare and Institutions Code section 15610.30 a defendant is liable for civil damages upon proof that the defendant did the following: (1) “took, hid, appropriated or retained” the property of a person 65 years old or older; (2) for a “wrongful use” or “with the intent to defraud”; and (3) this caused… [read post]
7 Feb 2017, 8:48 am
Suppose a person is convicted of the misdemeanor of possessing more than 1/2 ounce but no more than 1 1/2 ounces of marijuana, a Class 1 misdemeanor under G.S. 90-95(d)(4). [read post]
7 Feb 2017, 8:48 am
Suppose a person is convicted of the misdemeanor of possessing more than 1/2 ounce but no more than 1 1/2 ounces of marijuana, a Class 1 misdemeanor under G.S. 90-95(d)(4). [read post]
13 Apr 2012, 12:26 pm
” The Court also noted that its “review of these decisions will be of little help in future cases because the next government official inevitably will be in a different position and have different job responsibilities than the defendant does here,” further supporting application of the clearly erroneous standard of review. [read post]
4 Jan 2010, 9:18 am
The defendant does not have to be in actual physical possession of the object if the prosecution can prove that the person both knew about the object and had the “power and intent at a given time to control” it. [read post]
18 Aug 2021, 9:12 am
So what does all of this mean? [read post]
9 Oct 2015, 10:40 am
Texas does not recognize degrees of murder, such as first and second degree murder as most people are familiar with from television programs. [read post]