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7 Feb 2018, 10:54 am
The law does not always make sense but it remains the law. [read post]
17 Jul 2018, 9:54 pm
("Defendant") and John Does 1-30. [read post]
28 Sep 2015, 3:00 am
The defendant removed to federal court in the District of Minnesota, then moved for dismissal pursuant to Federal Rules 12(b)(1) and (6). [read post]
28 Sep 2007, 6:40 am
§ 2L1.2(b)(1)(A), applicable to a defendant who was "previously deported ... after a conviction for a felony that is a crime of violence. [read post]
7 Oct 2020, 9:43 pm
Code, § 1170(d)(1)) Does the court’s authority to “modify the judgment” include reducing or dismissing charges? [read post]
2 Aug 2007, 1:44 pm
August 1, 2007): But Williams's argument here is foreclosed by Devenpeck v. [read post]
6 Feb 2011, 6:52 am
"[T]he Fourth Amendment does not require a policeman to simply shrug his shoulders and allow a crime to occur or a criminal escape. [read post]
16 May 2013, 3:02 am
No. 11-1197.Oct. 1, 2012. [read post]
23 Apr 2015, 12:29 pm
If the child does not meet residency requirements, there may not be subject matter jurisdiction to establish child custody. [read post]
12 Oct 2010, 2:56 pm
Medtronic, Inc., 2010 WL 3909447 at *1 (S.D. [read post]
17 Aug 2021, 5:41 am
How Does the Burden of Proof Affect My Workers’ Comp Claim? [read post]
26 Jun 2011, 4:47 am
Both acknowledge that the test is whether the defendant is “physically present. [read post]
8 May 2020, 11:00 am
The Court found that YouTube is a passive website that does not specifically target customers in Tennessee, does not allow viewers to purchase products, and therefore does not constitute purposeful availment. [read post]
12 Aug 2009, 5:28 am
August 7, 2009).* Consent does not require notice to the accused that he can refuse consent. [read post]
14 Mar 2007, 3:46 am
" Afterwards, defendant Wolfe attempted to physically subdue Kip, at which time Kip attempted to strike defendant Wolfe. [read post]
22 May 2007, 5:55 am
Defendant was arrested outside, and he told the officers that all the people inside were outside. [read post]
9 Oct 2009, 7:42 pm
In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child’s IEP was not procedurally deficient; and 2) there was substantial evidence [...] [read post]
8 Dec 2015, 9:11 am
If the purpose of the PCR petition is “to correct an illegal sentence,” or if the defendant can show that the failure to file within five years “was due to the defendant’s excusable neglect,” the five-year deadline does not apply. [read post]
31 Oct 2011, 4:45 am
” “Further, the plain view doctrine does not apply, because the incriminating character of the notebooks was not immediately apparent. [read post]
22 May 2016, 9:01 pm
However, if the bank does not make the “voluntary” donation, that would violate its plea agreement with the Department of Justice. [read post]