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14 Apr 2013, 2:11 pm
It does not mean the state cannot prove drug possession, but it can certainly make it harder for the state to prove its drug case. [read post]
25 Oct 2017, 1:46 pm
The maximum penalty of imprisonment was six months, and does not get a jury trial because it is a petty. [read post]
20 Aug 2018, 1:34 pm
" It does not appear that there were any such misrepresentations here. [read post]
17 Oct 2018, 9:00 am
"In contrast, the Court of Claims Act does not require a defendant "to ferret out or assemble information that §11(b) obligates the claimant to allege. [read post]
8 Jun 2015, 7:50 am
We conclude that this state does not require a party to a dissolution action to take affirmative steps to recover marital assets taken by a third party and, accordingly, affirm the judgment of the trial court. [read post]
9 Dec 2020, 3:44 pm
Defendant relied on Pantos v. [read post]
18 Nov 2015, 1:43 pm
But the prosecution doesn't like that, particularly in cases in which there was a plea bargain; e.g., where defendant agreed to plead guilty to X offense, in return for Y sentence, but now seeks relief (as authorized by Proposition 47) to reduce the X offense to a misdemeanor and hence only have to serve a sentence of less-than-Y.So does the passage of Proposition 47 allow the prosecution to retroactively withdraw from the plea agreement, even after the… [read post]
16 Jun 2017, 2:02 pm
The marital communications privilege allows a defendant-spouse to preclude testimony by his or her spouse regarding confidential marital communications. [read post]
23 Mar 2017, 10:00 pm
First Quality Baby Products, LLC, No. 15-927 (March 21, 20-17), the court held that delay by a patent holder does not provide a laches defense for infringing actions that occur within six year prior to the lawsuit. [read post]
19 May 2018, 3:01 pm
In other words, does it really count if it’s just a sting? [read post]
28 Oct 2016, 12:34 pm
Yes, the video does tend to prejudice the defendant. [read post]
26 Sep 2024, 12:00 am
In the case of Doe v. [read post]
8 Jul 2010, 12:17 pm
The 9th does vacate the sentence and remand for error in the enhancement under 2G1.3(b)(1)(B), which is a +2 level adjustment for being a parent, relative, or guardian, or in the care or custody or control of the defendant. [read post]
9 May 2011, 9:55 am
While the video does not depict what occurred in the hotel room, the video does depict the alleged victims having drinks with and gambling with the defendants. [read post]
22 Jun 2011, 6:33 am
If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted. [read post]
5 Oct 2022, 7:28 am
Doe, No. [read post]
5 Feb 2010, 6:13 am
The communication was an affirmative act fairly traceable to [defendant]; the fact that the email was marked 'confidential' does not affect the justiciability analysis. [read post]
25 May 2017, 10:42 am
Here, defendant's crime was not being involved in a traffic accident, nor does his conviction imply that he was at fault in the accident. [read post]
15 Oct 2011, 12:26 pm
Does Rule 414 mean that in a kiddie porn prosecution the government always has the right to introduce evidence of the defendant’s possession of additional, uncharged child pornography? [read post]
5 Jul 2023, 12:02 pm
Why does this approach make strategic sense? [read post]
