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16 Jan 2013, 2:06 pm
With both Prop 36 and PC 1000, if the defendant does not successfully complete the program, the sentence that would have been given or has been given, shall be enforced. [read post]
17 Jun 2020, 8:00 am by Robert Kreisman
Massey does not, however, require a district court to allow any and all new defenses and response to any amendment to a complaint, without regard for the substance of the amendment and its relationship to the new defenses. [read post]
29 Dec 2012, 8:05 pm by Kirk Jenkins
 The defendant argued that since her initial motion was one to vacate under Section 2-1401 of the Code of Civil Procedure, 735 ILCS 5/2-1401, she didn't need the Rule 304 language in the first place -- the order was already appealable. [read post]
28 Jan 2013, 8:39 am
A DECLARATION that the Defendant does not have a valid defence to the Plaintiffs’ claim on the basis that the conduct of the Defendant amounts to the exercise or non-exercise of a discretionary function resulting from a policy decision. 7. [read post]
24 Nov 2014, 10:34 pm by Graham Donath
Often the person making the false allegations does so because they are worried about their own responsibility for the confrontation. [read post]
9 Jul 2009, 6:09 am
July 2, 2009).* Discretion whether to tow and inventory does not make it unreasonable if it is justified. [read post]
23 Dec 2016, 2:05 pm
The defendant knowingly transferred or used a means of identification of another person without legal authority;2. [read post]
1 Mar 2014, 1:50 pm
The defense has made a motion to preclude the People from introducing the result of the SD-2 Intoxilyzer portable breath alcohol test administered to the defendant. [read post]
26 Oct 2014, 4:11 pm
Further, under CPL Sec. 100.40, a misdemeanor information is facially sufficient if the non-hearsay facts stated in said information establish; 1) each and every element of the offense charged, and 2) the Defendant's commission of said crime. [read post]