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Nye Frank

611A - CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES, 2009 Minnesota Statutes - 0 views

shared by Nye Frank on 26 Feb 10 - Cached
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    1 MINNESOTA STATUTES 2009 CHAPTER 611A CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES DEFINITIONS AND GENERAL PROVISIONS 611A.01 DEFINITIONS. 611A.015 SCOPE OF VICTIMS' RIGHTS. 611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS. 611A.021 NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC DATA. 611A.03 PLEA AGREEMENTS; NOTIFICATION. 611A.0301 RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING. 611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION. 611A.0311 DOMESTIC ABUSE PROSECUTIONS PLAN AND PROCEDURES; PILOT PROGRAM. 611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; HARASSMENT. 611A.032 INACTIVE. 611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE. 611A.034 SEPARATE WAITING AREAS IN COURTHOUSE. 611A.035 CONFIDENTIALITY OF VICTIM'S ADDRESS. 611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION. 611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE. 611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING. 611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT. 611A.039 RIGHT TO NOTICE OF FINAL DISPOSITION OF CRIMINAL CASE. 611A.0392 NOTICE TO COMMUNITY CRIME PREVENTION GROUP. 611A.0393 CRIME ALERTS; VIOLENT CRIMES; DISABLED ACCESS. 611A.0395 RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL. 611A.04 ORDER OF RESTITUTION. 611A.045 PROCEDURE FOR ISSUING ORDER OF RESTITUTION. 611A.046 VICTIM'S RIGHT TO REQUEST PROBATION REVIEW HEARING. 611A.05 PENALTIES NO BAR TO CIVIL REMEDIES. 611A.06 RIGHT TO NOTICE OF RELEASE. ELECTRONIC MONITORING 611A.07 ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS. BARRING PERPETRATOR RECOVERY 611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT. SEXUAL OFFENSES; DOMESTIC ABUSE AND VIOLENCE 611A.19 TESTING SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY VIRUS. 611A.20 NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE. DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION
Nye Frank

THE PEOPLE &C., APPELLANT, v. ANTONIO VILARDI, RESPONDENT. - 0 views

shared by Nye Frank on 24 Feb 10 - Cached
  • The trial court summarily denied defendant's motion, holding that the Brady claim should have been raised on direct appeal and that defendant had received the effective assistance of counsel. The Appellate Division modified. Although it too found no merit in the ineffective assistance claim, the court rejected the District Attorney's remaining contentions, as do we.
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    This formal approach to the meaning of due process could obviously have limited both Congress and the state legislatures in the development of procedures unknown to English law. But when California's abandonment of indictment by grand jury was challenged, the Court refused to be limited by the fact that such proceeding was the English practice and that Coke had indicated that it was a proceeding required as "the law of the land." The meaning of the Court in Murray's Lessee was "that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country; but it by no means follows that nothing else can be due process of law." To hold that only historical, traditional procedures can constitute due process, the Court said, "would be to deny every quality of the law but its age, and to render it incapable[p.1348]of progress or improvement."23 Therefore, in observing the due process guarantee, it was concluded, the Court must look "not [to] particular forms of procedures, but [to] the very substance of individual rights to life, liberty, and property." The due process clause prescribed "the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. . . . It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law."24 http://74.125.155.132/search?q=cache:zSDVmdAbFyMJ:www.law.cornell.edu/anncon/html/amdt5bfrag2_user.html+Extending+Due+Process+to+Undisclosed+Evidence&cd=3&hl=en&ct=clnk&gl=us
Nye Frank

760. Mandamus Riverside County Judicial Misconduct? - 0 views

  • Free Books / Society / Law / The Constitutional Law Of The United States / google_protectAndRun("render_ads.js::google_render_ad", google_handleError, google_render_ad); frameBorder=0 width=728 allowTransparency name=google_ads_frame m
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    False Arrest The claim that is most often asserted against police is false arrest. Persons bringing this claim assert that police violated their Fourth Amendment right against unreasonable seizure. If the officer had probable cause to believe the individual had committed a crime, the arrest is reasonable and the Fourth Amendment has not been violated. Police can arrest without a warrant for a felony or misdemeanor committed in their presence. (Some states also allow warrantless arrests for misdemeanor domestic assaults not committed in the officer's presence.) Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed. http://74.125.155.132/search?q=cache:xsg_D3OUnnIJ:public.findlaw.com/civil-rights/more-civil-rights-topics/police-misconduct-rights.html+false+claim+against+crime+victim+constitutional+violation&cd=1&hl=en&ct=clnk&gl=us
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    Brian Floyd the Legislative Rep in Riverside County that Phil Reddish states helping him to cover up homicide is now going against a mandamus to enforce the law
Nye Frank

violation of 18 U.S.C. §§ 4, 201, 241, 242, 1341, 1343, 1513, 1951 - Google S... - 0 views

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    This is Google's cache of http://home.earthlink.net/~malfeasance/id23.html. It is a snapshot of the page as it appeared on Jun 22, 2010 22:26:17 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese terms only appear in links pointing to this page: http www vsb org profguides actions_jul06 dec06 html Citizens' Demand For An Investigation of Criminal Conspiracy by Beltway Attorneys and Judges Ib. Affidavit in Support of Criminal Complaint for Conspiracy Home | Letter to Congress on the Denial of the Right to Impartial Judicial Review of Misprision of a Felony | Our Purpose | Aug. 28, 2009 Letters to Preseident Obama and Gov. Kaine to Direct Response to Petition for Cert. | U.S. Supreme Court Petition for Cert. to DC Circuit to Oppose Disbarment based on VSBDB Void Order | I. Transmittal Letter to Federal Criminal Complaint Filed in the District of Columbia | Ia. D.C. CRIMINAL COMPLAINT FOR CONSPIRACY BY JUDGES, GOVERNMENT AND BELTWAY LOBBYIST/ATTORNEYS | Ib. Affidavit in Support of Criminal Complaint for Conspiracy | Ic. MEMO IN SUPPORT OF COMPLAINT TO INDICT JUDGES FOR CRIMINAL CONSPIRACY DEPRIVING FATHER OF RIGHTS | II. Transmittal Letter to Federal Criminal Complaint filed E.D. of Virgina | III. Transmittal Letter to Federal Criminal Complaint In Pennsylvania for Misprision of a Felony | IV. Transmittal Letter Federal Criminal Complaint Filed in Colorado for Obstruction of Justice. | V. TRANSMITTAL LETTER TO CRIMINAL COMPLAINT FOR JUDGES CABRANES ET AL. VIOLATING VOID ORDER DOCTRINE | Becoming a Member | Contact Us | Calendar of Events | Members Page | Newsletter | Links United States District Court District of Columbia ________________________________________________ UNITED STATES OF AMERICA v. John G. Roberts, et al., ________________________________________________) AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT I. INTRODUCTION 1. I am a Citizen
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    Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.
Nye Frank

Full text of "Federal criminal law and procedure" - 0 views

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    Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.
Nye Frank

Google Bookmarks - 0 views

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    ELDER & DEPENDENT ADULT FINANCIAL ABUSE CHECKLIST FOR WHETHER A CRIME HAS OCCURRED: { } Was the elder adult lacking competence or capacity when the transaction occurred? Did the suspect know the client's condition? { } Assuming the elder adult was competent, did he/she fail to understand the transaction? { } Did threats, force, duress or undue influence cause the elder to transfer property or to give or allow use of money? { } Were assets taken or used without permission by someone the elder adult entrusted, expecting that the person would not use the assets for his/her own purposes? { } Did some misrepresentation or promise without intent to perform cause the elder or dependent adult to transfer money or property? { } Is there evidence of other crimes, such as forgery, bad checks, extortion, physical abuse and/or neglect? { } If there is a crime, are there other suspects: family members or friends who assisted, notaries, real estate agents, doctors, lawyers? ACTION CHECKLIST FOR WHEN A CRIME HAS OCCURRED: { } Take steps to preserve assets, or refer to APS, family member, or friend who can take steps to preserve assets. Document your efforts. { } Refer to appropriate other agencies for investigation and prosecution: 1. Abuse in long term care facilities report to: Long Term Care Ombudsperson - 800-231-4024 2. All other types of abuse report to: Adult Protective Services - 800-491-7123 (24 hrs.) Local Law Enforcement Agency { } Gather evidence, if appropriate to your role. { } Take steps during investigation to regain assets if possible. -9- WHO MUST REPORT? Anyone who provides Health or Social Services to elderly or dependent adults (whether or not they are paid) is a MANDATED REPORTER As of January 1, 2007 credit unions and financial institutions are mandated reporters of financial abuse. Welfare & Institutions Code 15630 (a) Any mandated reporter, who in his/her professional capacity, or within the scope of his/her employment, has observed or has knowledge of an
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