Search for: "Defendant Doe 1"
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23 Mar 2010, 5:05 am
A drug dog’s failure to alert does not undo reasonable suspicion. [read post]
26 Sep 2007, 4:05 am
Here, the presumption does not apply to defendant's sister who lived in the same house with him. [read post]
26 Jul 2021, 3:58 am
Defendant JBX responded to the discovery requests by objecting to their timeliness. [read post]
23 Jan 2010, 1:53 pm
In this recent New Jersey criminal appeal, the Appellate Division reversed the defendant's conviction on other grounds, but declined to rule that the trial judge's refusal to supply the jury with written instructions deprived the defendant of a fair trial. [read post]
28 Nov 2009, 6:48 am
That the results of the USPO's duties may have dual uses (i.e. forming the basis for a revocation of supervised release and the initiation of new criminal charges) does not run afoul of the separation of powers. [read post]
15 Jul 2012, 5:25 am
An officer does not have to let a person walk away from a stop with RS without a frisk. [read post]
27 Mar 2007, 1:14 pm
Also, the defendant does not have to know that officers are in pursuit for it to be hot pursuit. [read post]
28 Sep 2011, 7:38 am
September 13, 2011): The Court holds that (1) stale information (one year old) that Defendant dealt drugs on a handful of occasions, combined with (2) an expert opinion that drug dealers typically keep drugs in their homes, is not enough to establish probable cause to search the Apartment. . . . [read post]
4 Nov 2010, 7:23 am
Therefore, [defendant's] anticipation defenses were not 'actually litigated' and issue preclusion does not apply. [read post]
14 May 2010, 8:05 am
Texting while driving does not support a search incident. [read post]
16 Feb 2022, 5:48 am
Summary judgment for defendants was affirmed. [read post]
20 Jan 2012, 4:13 am
This case does not present the type of situation addressed in Hardin. [read post]
11 Dec 2013, 10:50 pm
The Ninth Circuit US Court of Appeals held (2-1) that the trial court had committed reversible error. [read post]
9 Mar 2011, 4:22 am
Denying the defendant’s motion, the court explained that OJ’s do not shift attorney’s fees in FLSA cases, because: (1) OJ’s only shift fees where a plaintiff prevails at trial, but for less than the amount of the OJ; and (2) the FLSA does not permit fee shifting to a defendant. [read post]
29 Jun 2022, 10:44 am
The majority opinion does offer some safe harbor for class action defendants. [read post]
16 Nov 2011, 5:12 am
Defendants argue that summary judgment should be affirmed because “a trespass to property, negligent or intentional, is a common law tort; it does not infringe the federal constitution. [read post]
19 Jan 2013, 3:06 pm
On 1 July 2006, plaintiff-husband and defendant-wife got married in New York City. [read post]
11 Jul 2011, 4:30 am
Int’l posted on July 1, 2011, which is a North Carolina case involving similar parties and claims). [read post]
8 Jun 2019, 5:43 am
June 1, 2019Appellate Division, Second Department Domestic Relations Law 253 does not provide that a defendant must provide plaintiff with a GetIn Cohen v Cohen, ‑‑‑ N.Y.S.3d ‑‑‑‑, 2019 WL 2112972, 2019 N.Y. [read post]
20 Mar 2020, 7:09 am
United States: neff-cert-petition.pdf us-waiver-letter.pdf Questions presented: 1. [read post]
