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13 Aug 2021, 10:21 am by Braden Carroll, Esq.
Reckless Driving by Speed makes it a Class 1 Misdemeanor to drive more than 20 mph or more over the posted speed limit or above 85 mph (i.e., charged with reckless for driving 80 mph in a 55 mph zone). [read post]
19 Jan 2021, 12:14 pm by Bryn Miller
Dixon [3], the defendant sought to suppress evidence of drugs found in his car and apartment on the ground that his Fourth Amendment rights were violated when an officer surveilling him used a set of keys the defendant had dropped on the ground to unlock the defendant’s vehicle and enter his apartment. [4]  The Ninth Circuit held that “the insertion of a key into a minivan’s lock constituted a search within the meaning of the Fourth Amendment. [read post]
15 Mar 2017, 12:03 pm
Pursuant to North Carolina General Statutes § 14-100, our Supreme Court has defined this offense as `(1) a false representation of a subsisting fact or a future fulfillment or event, (2) which is calculated and intended to deceive, (3) which does in fact deceive, and (4) by which one person obtains or attempts to obtain value from another. [read post]
15 Sep 2017, 6:17 am by Kenneth Vercammen Esq. Edison
Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of… [read post]
13 Sep 2023, 6:00 am by Tad Lipsky
Hence, in 1917, antitrust went quiet (broadly speaking) and would remain so for 20 years. 1933-1937: FDR Proposes and the Supreme Court Disposes of a Cartelization Program The story of antitrust’s revival begins with the next major political wind shift, which followed the stock market crash of 1929 and the onset of the Great Depression. [read post]
26 Apr 2022, 12:48 pm by Brian Shiffrin
Apr. 20, 2022) One of the cases cited in Cortes is People v. [read post]
14 Nov 2012, 5:56 am by Susan Brenner
 Moreover, in this case, the Government does not rely on the same allegations for the two offenses in the Superseding Indictment.The CFAA requires two elements to establish a violation: (1) defendant `intentionally accesses a computer without authorization or exceeds authorized access’ and (2) defendant `thereby obtains . . . information from any protected computer. [read post]
2 Apr 2008, 4:59 am
March 28, 2008).* 15-20 seconds is sufficient wait time for knock and announce entry. [read post]
19 Feb 2019, 6:35 am
After the claimant had won in first and second instance, the defendant – with the support of the German Wikimedia chapter, who were defending parallel proceedings in Berlin, which they had won in the second instance – appealed to the Federal Court. [read post]
20 Nov 2009, 5:32 pm
On Friday, November 20, 2009, the Sixth Circuit Court of Appeals published its opinion in White v. [read post]
8 Nov 2017, 4:47 am by Marty Lederman
Circuit heard argument on the motion for an emergency stay on Friday, October 20. [read post]
The parties entered into a written lease which provided that the defendant would pay the plaintiff $195 per acre, with $67,226 due on March 1 and $67,226 due on December 1. [read post]