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11 Apr 2016, 8:47 am by Jeff Welty
The court observed that the defendant (1) stayed in his lane, (2) did not hit the sidewalk, (3) did not exceed any posted speed limit, and (4) did not risk a collision with another vehicle or a pedestrian. [read post]
11 Apr 2016, 8:47 am by Jeff Welty
The court observed that the defendant (1) stayed in his lane, (2) did not hit the sidewalk, (3) did not exceed any posted speed limit, and (4) did not risk a collision with another vehicle or a pedestrian. [read post]
4 Feb 2020, 11:34 am by Barry Barnett
id=301050 You can’t waive bar on removal on diversity grounds by in-state defendant. https://ecf.ca8.uscourts.gov/opndir/20/01/182892P.pdf Cars that copy music from CDs don’t violate Audio Home Recording Act of 1992. https://cadc.uscourts.gov/internet/opinions.nsf/CE35799597CD3A54852584FD00593251/$file/18-7141-1825918.pdf Condition precedent precluded formation of pipeline partnership. http://txcourts.gov/media/1445666/170862.pdf Emails about purchase of pipeline… [read post]
5 May 2011, 1:49 pm by Bexis
  Or, as a Canadian court put it:I do agree . . . that mere proof of the existence of a Facebook profile does not entitle a party to gain access to all material placed on that site. [read post]
20 Dec 2013, 3:41 pm
 The district court judge who conducted the trial and who found the defendant guilty -- the judge who does not get reversed -- is Judge Snow. [read post]
13 Sep 2010, 10:05 pm by Simon Gibbs
How many lawyers does it take to change a light bulb? [read post]
9 Jan 2012, 6:00 am
Defendant sought a ton of information about the investigative techniques used against him to potentially challenge the searches, and the court decides that Rule 16(a)(1)(E)(i) does not require the government to create information not already in existence. [read post]
28 Oct 2010, 4:07 am
Considering the jurisprudence, such a belief is not reasonable nor does it justify the failure to seek a warrant before searching. [read post]
22 May 2022, 1:13 pm by Jon Sands
In sentencing issues of first impression concerning receiving and distributing child porn, the 9th holds (1) 2G2.2(b)(3)(B) does not require the defendant to actually receive “valuable consideration” for a sentencing enhancement; and (2) 3014(a)requires a $5000 fine per offense rather than the nature of offense.Dissenting, Wardlaw argues that 3014(a) differs markedly from 3013, which requires an assessment per conviction, and must be interpreted… [read post]
25 Nov 2009, 4:18 am
November 20, 2009).* Defendant tossed his gun while fleeing, and this was like Hodari D. and there was no seizure because of his flight. [read post]