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24 Jan 2018, 3:27 am
This creates an issue when the defendant of a criminal case is also a defendant in the civil case. [read post]
6 Mar 2018, 4:37 pm
I went on to build a defendant practice on that success. [read post]
29 Jun 2011, 6:01 am
C. art. 2323(c) does create an exception to the provocation rule, where a defendant’s intentional tort that arose from a negligent plaintiff does not use the comparative proportionately reduction. [read post]
7 Jul 2013, 3:21 pm
Possession of six grams of 99.5% pure heroin, the purity of the heroin found in defendant’s possession, obviously supports more strongly an inference of intent to distribute than does possession of heroin of, say, 5% purity. [read post]
18 Jul 2011, 8:52 pm
How are marijuana DUI’s defended? [read post]
15 Jan 2013, 4:59 am
Defendants note that the Agreements did not expressly authorize class arbitration and argue that an agreement to arbitrate does not implicitly authorize class arbitration, nor does the non-existence of an express class action waiver imply that the parties agreed upon class arbitration. [read post]
14 Apr 2020, 12:00 am
. ____ (2020), the Court ruled that due process does not require Kansas to adopt an insanity test that turns on a defendant’s ability to recognize that his crime was morally wrong. [read post]
10 Dec 2007, 7:31 am
Here's the basics from SCOTUSblog:In the last of three rulings on Monday, the Court decided unanimously that one does not "use" a gun, for purposes of imposing a mandatory five-year sentence, if the person receives the gun in a trade for drugs. [read post]
15 Mar 2012, 8:51 am
The First Circuit affirmed on the ground that Apprendi does not apply to fines. [read post]
22 Mar 2016, 6:00 am
" Although an employer's failure to pay accrued meal period premiums, standing alone, does not violate section 226.7, nothing in the law "clearly permits" an employer to fail to pay meal period premiums. [read post]
26 Jun 2013, 1:10 pm
Recent Arizona case holds that it does not matter whether you are actually impaired by the drug. [read post]
1 Mar 2022, 7:47 am
If the defendants wish to hold the SEC to a deadline, they should file a motion and submit briefing in support; “Otherwise, the Court cannot enforce a deadline that does not currently exist. [read post]
3 Apr 2012, 10:44 am
Does the Court then enter a default judgment and invalidate the state constitution? [read post]
8 Jul 2014, 8:11 am
Moreover, the testimony at the evidentiary hearing showed that the Defendants' two-for-one pricing discount was simply for trade show marketing purposes and does not represent the regular pricing of the Defendants' product. [read post]
19 May 2014, 7:05 am
The First Amendment does not just protect individuals. [read post]
6 Oct 2014, 8:44 am
On appeal, Acker claims that: (1) the court erred in concluding that the smaller breed dogs were neglected because (a) the court relied on a temperature standard that does not legally exist, (b) the court's finding that the dogs were 'kept in temperatures in or below the thirties' was clearly erroneous, (c) the court erred in concluding, as a matter of law, that 'the doctrine of predictive neglect' can be used to satisfy the neglect requirement of §… [read post]
29 Apr 2013, 7:27 am
How often does that happen? [read post]
21 Dec 2012, 12:01 pm
Accordingly, the Court held that, the prior written notice requirement invoked by the County does not apply to the facts of this case. [read post]
22 Mar 2016, 6:00 am
" Although an employer's failure to pay accrued meal period premiums, standing alone, does not violate section 226.7, nothing in the law "clearly permits" an employer to fail to pay meal period premiums. [read post]
21 Apr 2015, 5:00 pm
This does not mean, however, an experienced drug defense attorney cannot get any evidence obtained from a warrantless search declared inadmissible as fruits of a poisonous tree. [read post]
