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11 Aug 2013, 1:28 pm
In that instance, the offense would be a misdemeanor of the second degree pursuant to section 812.014(2)(c). [read post]
30 Nov 2015, 3:34 am
"* Looking back over this GreeKat shoulder… Part I: Thou shall plain pack no matter what you sellNikos, a.k.a. the GreeKat (good one!) [read post]
27 Mar 2012, 8:46 am
The author of this blog is Douglas C. [read post]
16 Dec 2016, 12:27 pm
This means that if a defendant moves for summary judgment, all matters of witness credibility and other potential unresolved inferences must be made in favor of the plaintiff. [read post]
7 Dec 2009, 4:02 am
Id. at 636 (stating that "[t]his problem arises in a variety of different contexts and in many permutations; matters of degree are involved and there is probably no single rule that resolves all situations"). [read post]
20 Feb 2010, 4:48 am
Strip searches, thus, are not a matter of course for searches incident either to arrest or detention. [read post]
14 Feb 2009, 7:33 am
Oliver, 208 F.3d 211, 2000 WL 263954, *2 (4th Cir. 2000) (unpublished) (recognizing a Fourth Amendment right to examine the search warrant affidavit); In the Matter of Searches of Semtex Industrial Corporation, 876 F. [read post]
6 Sep 2009, 8:47 am
August 31, 2009): The government, in its opposition to the R&R, offers no persuasive argument refuting the magistrate judge's legal analysis on this matter. [read post]
12 Dec 2010, 2:55 pm
As a matter of state law, a state may provide a remedy for violations of state knock-and-announce statutes, and nothing in Hudson prohibits it from doing so. [read post]
7 Apr 2012, 9:13 pm
LEXIS 105 (April 5, 2012): [*P11] To the extent that Gomez is asserting that his refusal to consent to the search ended the investigation as a matter of law, we do not agree. [read post]
27 Sep 2016, 7:01 am
They are personal jurisdiction and subject matter jurisdiction. [read post]
8 Sep 2007, 9:12 am
Given the limited record before it and the need for resolution of certain factual matters, the court declined to weigh in on the matter further. [read post]
21 Jun 2009, 10:43 pm
The Court also finds unpersuasive the government's argument that the time period was limited as a practical matter because people typically do not retain telephone records for extended periods of time. [read post]
25 Sep 2011, 11:11 am
But the sensitive subject matter is no excuse for the dispensing altogether with domestic persons’ constitutional rights. [read post]
7 Dec 2010, 2:46 am
., 588 F.2d 904, 910 (4th Cir. 1978) (“Most cases involving on-site inspections concern a given object on the premises which is the subject matter of the action .... [read post]
21 Apr 2007, 8:58 am
Settling this matter is not necessary for the purposes of the instant motion, and the court will not attempt to do so at this time. [read post]
12 Apr 2023, 8:29 am
Given the range of penalties, redress, costs, fees, and other relief authorized by law it is easy to imagine how significant those potential recoveries may be in any given matter. [read post]
27 Sep 2016, 7:01 am
They are personal jurisdiction and subject matter jurisdiction. [read post]
30 Aug 2010, 4:30 am
Templeton stated it did not, but that abandonment was involuntary as a matter of law. [read post]
26 Oct 2007, 12:20 pm
State, 747 N.E.2d 539, 543 (Ind. 2001) (officer may as matter of routine practice ask driver stopped for traffic violation if he has a weapon on his person or in his vehicle); Jarrell v. [read post]