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17 May 2008, 3:51 pm
A recent criminal case out of Jacksonville, (Duval County) Florida does a good job of explaining the difference among the three categories of encounters with police. [read post]
28 Jan 2008, 3:04 am
Issuing magistrate does not have to see the pictures to find probable cause in a child pornography investigation. [read post]
2 Mar 2023, 7:46 am
Plaintiff and Defendant were dating. [read post]
12 Nov 2012, 1:20 pm
While the weight of the marijuana is an element that the prosecution must prove beyond a reasonable doubt in felony marijuana sales, New York courts have ruled that as long as the prosecution shows that the defendant sold the marijuana for “consideration,” namely, for money or for something else in return, then weight does not matter. [read post]
31 Jan 2019, 2:35 pm
As things stand right now, that date does not seem to be coming anytime too soon. [read post]
19 Jun 2013, 9:32 am
S. 155, 164 (1955), a witness does not do so by simply standing mute. [read post]
2 Nov 2009, 11:53 pm
Sweet noted: "Defendants' motion to dismiss the complaint is denied," finding standing for suit as to ALL defendants. [read post]
29 May 2007, 5:38 am
The defendant sought de novo review from the U.S. [read post]
12 May 2011, 12:41 pm
Actually, it was my colleague Deepak Gupta, assisted by my colleague Greg Beck, who represented the Does in this case. [read post]
17 Dec 2010, 10:09 am
This opinion affirms that while CEQA requires agencies to take all reasonable steps to make informed decisions taking into consideration the reasonable range of environmental impacts that may result from the project and various alternatives, it does not require an encyclopedic analysis of every possible impact and/or mitigation measure, nor does it require absolute certainty as to future events. [read post]
23 Jan 2010, 6:00 am
American Surety Insurance Co.) held that bail was not forfeited when a defendant failed to appear at an arraignment. [read post]
28 Sep 2014, 4:52 pm
The defendant had a one-car accident. [read post]
2 Dec 2014, 1:18 pm
The general rule is the state does not have to disclose the identity of the CI unless the state plans to have the CI testify at a hearing or trial. [read post]
23 Apr 2018, 7:40 am
Does Patent law allow plaintiffs too many bites at the apple? [read post]
16 Feb 2009, 9:32 am
Houston criminal defense lawyer Mark Bennett writes today’s edition of Blawg Review. [read post]
15 Aug 2022, 11:52 am
” Federal argued that the landlords are not an additional insured, nor does the lease agreement constitute an insured policy. [read post]
6 Sep 2014, 5:07 pm
"the fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action". [read post]
2 Mar 2017, 8:44 pm
Osborne, 935 F.2d 32 (4th Cir.1991), this Court opined on the “high shock threshold” of the appellate courts in the context of the ‘outrageous conduct’ due process violation, and the Court’s reluctance to vacate a conviction based on outrageous government conduct that does not otherwise violate a defendant’s rights. [read post]
27 Apr 2008, 8:18 pm
The fact that the government may have some evidence that a particular defendant is guilty does not negate the exculpatory nature of the testimony of a witness with knowledge that a defendant did not commit the crime as charged. [read post]
23 Feb 2011, 11:32 am
By doing so, the defendant saved thousands upon thousands of dollars, does not have a DWI on his record, and does not face enhanced penalties in the future if arrested again. [read post]