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Contents contributed and discussions participated by Nye Frank

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

Federal Judge in the Broadcom Case Cites Prosecutorial Misconduct as One of the Grounds... - 0 views

Nye Frank

Crime Victims Media Report - 0 views

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    Crime Victim Lee Frank was stalked for months every day and isolated by a son and family of a buddy of the
Nye Frank

LIABILITY OF INDIVIDUAL STATE AND LOCAL GOVERNMENT OFFICIALS: THE PRIMA FACIA CASE - 0 views

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    "whether Congress, in enacting § 1979, meant to give a remedy to parties deprived of constitutional rights, privileges and immunities by an official's abuse of his position. Cf. Williams v. United States , 341 U.S. 97; Screws v. United States , 325 U.S. 91; United States v. Classic , 313 U.S. 299. We conclude that it did so intend."
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    Crime Victim Lee Frank was stalked for months every day and isolated by a son and family of a buddy of the
Nye Frank

Southern California Defense Blog :: Published by Southern California Criminal Defense L... - 0 views

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    False light, failure to protect
Nye Frank

University of California Press, Journals + Digital Publishing - 0 views

Nye Frank

Texas Criminal Law: Felonies & White Collar Crime - 0 views

  • robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes Although there is no fixed definition of white collar crime, a number of nonviolent crimes frequently
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    Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500
Nye Frank

ADVOCATING TO END ELDER ABUSE and Protect our Seniors!!! - 0 views

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    Corruption to elders
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    Negligent infliction of emotional distress
Nye Frank

YouTube - Nye Frank, Score, Off Road Racing Winner - 0 views

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    Nye Frank Racing, drag racin, land speed car, craig breedlove, mickey thompson
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

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

Publications - California Department of Justice - Office of the Attorney General - 0 views

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    Riverside County had Federal Funding for a DA Elder Victim Advocate and denied the services, along with Forensic elder autopsy evaluation. Death Certificate states natural cause of death with homicide. This does not meet statutory duty of coroner and I am requesting correction with Dr. Fajardo and Dr. Rice signature. Broken Bones on elder homicide duty to sign
Nye Frank

court case742 F.2d 371 - 0 views

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    "The uncontested facts show that Evans cannot satisfy the requirement of "affirmatively prov[ing] prejudice." It is inconceivable to us, and not merely improbable as in Henderson v. Morgan, 426 U.S. 637, 644 n. 12, 96 S.Ct. 2253, 2257 n. 12, 49 L.Ed.2d 108 (1976), that Evans would have gone to trial on a defense of intoxication, or that if he had done so he either would have been acquitted or, if convicted, would nevertheless have been given a shorter sentence than he actually received. It just is not believable that Evans did all the things he does not deny having done, involving elaborate negotiations with the police over several hours, in some sort of alcohol-induced trance. In this respect the present case resembles Morgan v. Israel, 735 F.2d 1033 (7th Cir.1984). In evaluating the voluntariness of Morgan's failure to plead not guilty we said, "It is sufficiently clear that Morgan had no hope at all of an acquittal to enable us to infer that he would not have changed his plea to not guilty .... He admitted having shot Mallason; and when you shoot a person several times, with fatal results, the inference of deliberate homicide is irresistible .... The jury never would have believed that he lacked the ... elementary mental capacity required to form a murderous intent...." Id. at 1036. So here, no jury could have believed that Evans was not acting deliberately when he did all the things he did in the police station. Therefore, being told that if he had not been acting deliberately he would have been acquitted of some of the offenses with which he was charged could not have led him to change his plea and to win acquittal."
Nye Frank

Windows Live space's Lists - Windows Live - 0 views

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