Search for: "IN RE MOTION FOR RETURN OF PROPERTY"
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2 Sep 2008, 5:17 pm
Stein, No. 073042 Dismissal of indictment of thirteen former partners of the accounting firm KPMG for creating fraudulent tax shelters is affirmed where: 1) the government deprived defendants of their right to counsel under the Sixth Amendment by causing KPMG to place conditions on the advancement of legal fees to defendants, and to cap the fees and ultimately end them; 2) the government failed to cure the Sixth Amendment violation; and 3) no other remedy will return defendants to the… [read post]
27 Aug 2008, 6:04 pm
We affirm.NFP civil opinions today (2): In Re: The Marriage of William D. [read post]
25 Aug 2008, 10:27 am
(The Nolans' Batman adaptations are a hybrid, drawing from noir variations on Batman, like The Dark Knight Returns.) [read post]
9 Aug 2008, 1:50 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
6 Aug 2008, 5:12 pm
In re Whitehall Jewelers Holdings, Inc., 2008 WL 2951974 (Bankr. [read post]
4 Aug 2008, 7:06 pm
Beard, No. 07-3711 In a 42 U.S.C. section 1983 suit by prison inmates challenging the confiscation of legal materials by state corrections officials, dismissals of some claims and summary judgment for defendants on the remainder are affirmed where: 1) plaintiffs did not allege an actual injury in their claim of loss of access to the courts; 2) defendants demonstrated a legitimate governmental interest in stopping inmates from filing fraudulent liens and judgments against prosecutors and prison… [read post]
25 Jun 2008, 6:15 pm
McCann, No. 06-3257 Denial of a habeas corpus petition from a sentence to life imprisonment for murder is affirmed over claims of error regarding whether: 1) Apprendi principles were violated because there was no jury determination establishing the facts necessary to impose an enhanced sentence; 2) defendant never waived his right to a jury trial as to his sentence; 3) double jeopardy barred another sentencing trial so he should be re-sentenced to the maximum term of up to forty years; and… [read post]
25 Jun 2008, 5:52 pm
In conclusion, landowners have no property right to the free flow of traffic past their properties. [read post]
16 Jun 2008, 11:30 am
The question is, does A have a valid claim against B to recover a share of the re-sale profits? [read post]
28 May 2008, 10:42 am
The motion claimed that the account and other property belonged to the Estate and must be returned to it, or if the account and property were no longer in Ms. [read post]
27 May 2008, 9:50 am
P. 35(b) motion claiming that warden's alleged promise to create an opportunity for a sentence reduction as a reward for his assistance in prison effectively bound the government to file a Rule 35(b) motion on his behalf, judgment denying relief is affirmed where: 1) even if the warden did promise to file a Rule 35(b) motion, a warden within the Bureau of Prisons was unauthorized to make the motion as the "government" under Rule 35(b); and 2) a… [read post]
23 May 2008, 1:03 am
– UAE, Nigeria, Ghana, Gambia and Tunisia draft resolution on counterfeiting: (KEI), Users raise Madrid System questions: (Managing Intellectual Property), How to build brands globally: (Managing Intellectual Property), Profile: Rhonda Steele, INTA President: (Managing Intellectual Property), Securitisation and coexistence agreements: (IP finance), Get your money’s worth in trade mark damages: (Managing Intellectual Property), Brand valuation:… [read post]
3 May 2008, 8:05 am
You can find the opinion here, if you're interested. [read post]
26 Apr 2008, 12:12 pm
It won't be until late May or early June that we'll know the outcome of that motion. [read post]
22 Apr 2008, 9:00 pm
I want prosecutors to put in the time necessary to satisfy the letter and spirit of the discovery disclosure rules and the Brady/exculpatory evidence rule, and to return my phone calls seeking case information and seeking to reach evidentiary stipulations for trial, consents to motions to resolve trial calendaring conflicts, and other relief for my clients. [read post]
21 Apr 2008, 11:52 am
Griffin, No. 07-1475, 07-1477 In a prosecution for filing a false income tax return in violation of 26 U.S.C. section 7206(1): 1) conviction is affirmed over claims that the trial court erred in admitting certain evidence and in instructing the jury on elements of section 7206(1); but 2) sentence is vacated and remanded where the district court, sua sponte, resentenced defendant more than a month after issuing an initial sentence, while under Fed. [read post]
20 Mar 2008, 10:56 am
Subsequently, a jury trial was held on the issue of damages, and the jury returned a verdict of zero damages. [read post]
11 Mar 2008, 8:46 am
US, No. 06-1509 I"n the context of sections of the Internal Revenue Code that set the conditions for treating certain corporate distributions as returns of capital, nontaxable to the recipient, a distributee accused of criminal tax evasion may claim return-of-capital treatment without producing evidence that either he or the corporation intended a return of capital when the distribution occurred. [read post]
6 Mar 2008, 12:12 pm
At the appellate level, obtaining the consent of the involved parties is not required, although the Court may prohibit coverage upon its own motion or if an objection is made by a party. [read post]
3 Mar 2008, 12:13 pm
Cardona-Sandoval, No. 07-1748 Order denying a motion for the return of property seized at the time of defendant's arrest is vacated where the government's response to the motion was not adequate to support the district court's decision since: 1) the government's response failed to address the status of the property specified; 2) the government provided the court with no information identifying how and when defendant was notified of the… [read post]
