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17 Nov 2014, 7:15 pm
(Of course, this is all easier with a recorded interrogation.)For a great example of the defense analysis and use of this information in a case in which the defendant, who had an IQ of 68, was convicted of numerous sex offenses, you must read the Fourth Department's decision in People v Knapp (2014 NY Slip Op 07801 [4th Dept 11/14/14{). [read post]
5 Sep 2024, 6:02 am
In this matter, it was established that every witness was located out of state as were all of the Defendant’s alleged activities related to the lawsuit. [read post]
19 Feb 2013, 12:10 am
The examination for determining whether private individuals are agents of the government when interrogating a suspect is whether, in consideration of all the circumstances, the individuals acted as instrument of the state. [read post]
12 Mar 2014, 3:45 pm
Moreover, the slurred speech, glassy, watery and bloodshot eyes may all be attributable to the nature and extent of the possible injuries received as a result of this accident and the location of the accompanying pain the defendant was experiencing. [read post]
31 Oct 2017, 2:31 pm
Zavala tried all the keys in the Honda ignition. [read post]
19 Aug 2019, 5:00 am
In light of all of the factors presented, the court found that the Plaintiff was indeed a borrowed servant and that the Defendant was therefore immune from liability under the Worker’s Compensation Act.Anyone wishing to review a copy of this decision may click this LINK.Source: “Digest of Recent Opinions. [read post]
25 Apr 2014, 12:02 pm
The aforementioned evidence amply satisfied defendant's initial burden of demonstrating that plaintiff did not sustain a "serious injury" under all categories except for the "90/180-day" category. [read post]
5 Jul 2018, 5:30 am
During the course of trial, the remaining Defendants requested, and were granted, permission to add that defense to their pleadings.At the close of the Plaintiff's case, the trial court granted a nonsuit in favor of all of the Defendants, finding that the Plaintiff had failed to show evidence of willful misconduct or gross negligence on the part of the Defendants and that, as such, the Defendants were entitled to the protections of the limited… [read post]
20 Feb 2020, 3:00 am
The court noted that the evidence confirmed that the dog remained within the Defendants’ yard at all times even when the Defendants’ dog was barking at the Plaintiff’s dog. [read post]
9 Mar 2016, 3:50 pm
The probate court granted the motion, ordering that plaintiff be appointed as sole trustee of the Trust, and granting her authority to liquidate all the Trust assets, including the house, which defendant was ordered to vacate. [read post]
4 Jul 2014, 3:36 pm
The court noted several problems with the defendant's prescription defense. [read post]
6 Jan 2014, 6:28 am
It does so on grounds that (1) permission to appeal was improperly denied and (2) any exemption from registration must be made at the time of the defendant's sentencing, or not at all. [read post]
5 Aug 2015, 5:03 am
The basis of the abandonment of the sentencing guidelines is that it forces judges to utilize facts in fashioning a sentence that were not in evidence at a trial, or admitted by a defendant, all in violation of the defendant's Sixth Amendment right to a trial by jury.Conservative Justices Stephen Markman and Brian Zahra dissented, stating that whenever a defendant is jury convicted, that defendant is subject to serving the maximum statutory sentence… [read post]
11 Apr 2013, 1:11 pm
However, not all improper conduct, or omissions, involving the elderly or disabled that results in injury to the alleged victim qualifies as a crime in Florida. [read post]
6 Oct 2023, 9:37 am
The first is a conspiracy claim, but this Court already dismissed the plaintiff's conspiracy claims against all defendants in this case. [read post]
14 May 2010, 11:28 am
Gerry Spence is considered by many to be one of the best lawyers of all time. [read post]
14 Oct 2020, 9:15 am
However, in terms of her efforts to make the criminal law fairer for all defendants, her work will especially be missed. [read post]
8 Nov 2022, 7:00 am
The vast majority of all personal injury claims are resolved outside of courtrooms through settlements. [read post]
24 Dec 2012, 2:18 am
Team (Final Record) Liberty & Justice for Y’all (9-7) A Public Defender (11-5) Tempe Criminal Defense (13-3) Koehler Law (8-8) Price Benowitz (7-7) Brucklaw (7-7) Brits (6-8) A Criminal Lawyer (6-8) Bad Boys (6-8) The Defense Rests (1-13) [read post]
9 Mar 2010, 4:52 am
Did you really think that it was all about selling hot dogs boiled in water from the men's room? [read post]
