Search for: "Affidavit of Facts"
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14 Mar 2011, 9:02 pm
Regardless of whatever statistical significance statements of this sort might in fact possess, these types of overly generalized and unsubstantiated statements that seek to imply illegal conduct based on legal conduct cannot serve as a legitimate basis for a probable-cause determination. [read post]
26 Nov 2008, 9:22 am
Accompanied by sworn affidavits and often discovery responses, a Rule 56 motion tries to show that there is no real dispute about key facts and that the movant is entitled to judgment under the law. [read post]
15 Dec 2010, 9:59 pm
Accompanied by sworn affidavits, and most often discovery responses, a Rule 56 motion tries to show that there is no real dispute about key facts and that the movant is entitled to judgment under the law. [read post]
26 Jul 2008, 3:58 am
Also significant was the fact that although an attorney was "minimally involved in the process", he was retained by the petitioner. [read post]
9 Sep 2008, 12:28 pm
Comment: Unspoken with the citation to Ventresca is the fact that the magistrate requested the officer to add detail to the affidavit to further support the probable cause. [read post]
4 Aug 2010, 4:04 am
The Affidavit was filed in support of defendants' Daubert motion filed after the close of fact discovery. [read post]
26 Oct 2012, 11:00 am
P. 56(c), once such an affidavit is filed at the summary judgment stage, the foreclosed owner can submit evidence of non-compliance with § 14, thereby creating an issue of material fact requiring a trial. [read post]
30 May 2008, 9:50 am
At the trial level, it is the trier of facts' role to evaluate which evidence is more credible - or if the Affidavits provided by two different translators are equally credible. [read post]
12 Jan 2007, 3:52 pm
It is sufficient that the affidavit as a whole shows that the informant was reliable. [read post]
3 Jun 2014, 7:32 am
In his affidavit the officer did not present as a fact that the defendant used the word “online. [read post]
12 Oct 2008, 3:59 am
Schellert, Officer Buehrle made considerable efforts to corroborate her allegations and, in fact, did corroborate much of it. [read post]
18 Jun 2011, 6:00 am
The facts supporting the basis of Agent Johnson’s conclusion are not disclosed in the affidavit. [read post]
24 Jun 2010, 3:37 am
Arrest warrant’s affidavit that was merely the conclusions of the officer and did not offer facts to the magistrate was insufficient under the Fourth Amendment. [read post]
10 Oct 2011, 7:47 am
”) Instead, an affidavit based on personal knowledge and containing factual assertions suffices to create a fact issue, even if the affidavit is arguably self-serving. [read post]
18 Jun 2012, 11:46 pm
Normally the fact that they found a gun but not the gun they were looking for would make no difference. [read post]
20 Apr 2010, 10:19 pm
Given the nature of the data and the fact that it had been deleted, the actions taken by the government were reasonable and permitted by the warrant as approved by Magistrate Cooney. [read post]
4 Nov 2014, 3:52 pm
Accordingly, defense counsel should take efforts to include police reports and government source material in the motion in order to provide as many facts as possible.New York Courts sometime insist on an affidavit from the defendant if he or she is contesting the admissibility of evidence, including a statement, taken from the defendant as a result of an illegal seizure. [read post]
1 Dec 2006, 12:08 pm
It is in fact little more than symbolic discipline. [read post]
8 Aug 2014, 3:38 pm
"The criticism of the Aguilar affidavit is equally applicable to the instant affidavit. [read post]
26 Jun 2018, 3:00 am
Illinois Supreme Court Rule 191(a) requires that depositions used for the purpose of an affidavit “shall not consist of conclusions, but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto. [read post]
