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7 Feb 2018, 10:54 am by John Floyd
  The law does not always make sense but it remains the law. [read post]
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 by Uthman Law Office
Code, § 1170(d)(1)) Does the court’s authority to “modify the judgment” include reducing or dismissing charges? [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]
23 Apr 2015, 12:29 pm by Gregory Forman
If the child does not meet residency requirements, there may not be subject matter jurisdiction to establish child custody. [read post]
26 Jun 2011, 4:47 am
Both acknowledge that the test is whether the defendant is “physically present. [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]
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 by Evan M. Levow
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 by Ronald D. Rotunda
However, if the bank does not make the “voluntary” donation, that would violate its plea agreement with the Department of Justice. [read post]