Group items tagged

Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389

With all due respect to Dr. Herbert Modlin, his thesis does not do justice to the manyinnocent accident victims who suffer pain in silence, with indescribable sadness and with despair.Reactions to traumatic events effect people biologically, psychologically and socially. As23Hoffman, et al., state ,24"At the psychological level, traumatic reactions affect thinking, feeling andbehaviour. In the acute phaseafter a period of shock theremaybe anxiety, insomnia,nightmares,sensitivityto noise, fatigueandpain intrusiverecollectionsofthetraumain thoughts or images, either spontaneously or when reminded of the trauma. In thelong term there may be emotional disability (with or without physical injury) that iscomplicated by depression, irritability, philosophical pessimism, loss of hope anddecreased expectations in life, which eventually lead to personality change."(Underlining mine)According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation

According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation only if an injured person'simpairments were physical in nature. Claims for emotional distress unadorned with any physicalcomponent resulted in the claim being dismissed.However, if the emotional distress claim could be characterized as a "chronic pain claim"with both physical and psychological aspects, compensation was permitted (see in this regard,Chrappa v Ohm).During the OMPP era plaintiffs' counsel went to great lengths to meld26psychological distress with a physical component in order to be free of the rigid straightjacket of theOMPP threshold.With Bill 164, which took effect on January 1, 1994 and governed motor vehicle accidentcases until October 31, 1996, there was no impediment to obtaining compensation for a "seriousimpairment of an important physical, mental or psychological function". Bill 59 (which applies tomotor vehicle accidents between November 19

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

A defendant may be released on bail for all offenses except capital crimes. Public safety is the primary consideration in setting the bail amount. The court must conduct a hearing before deviating from the scheduled bail for a violent felony or for threatening a witness in a rape, domestic violence or criminal threat case. The court must state its reasons for deviating from the bail schedule. (Cal.Const Art. 1 Sect. 28, PC 1270.1, and PC 1275.)In violent felony cases, the district attorneys office, Division of Victim Services and the probation department are responsible for notifying victims and witnesses that they can request notification regarding the defendant's release. The Division of Victim Services will provide the forms to those victims and witnesses. (PC 679.03(a).)Inmates convicted of murder, voluntary manslaughter, life cases, stalking or a case where the defendant inflicted great bodily injury, cannot be released on parole within 35 miles of a victim or witness. However, the victim or witness must file the appropriate form with CDCR, and CDCR must find there is a need to protect the safety and well being of the victim or witness. (PC 3003.)Upon request, when a defendant is sent to state prison, the victim or next of kin will be notified of the defendant's release to work furlough or a reentry program at least 60 days prior to placement. If the inmate escapes, the victim must be given immediate notification. The victim should keep his or her request and current address on file using a form that can be obtained through the Division of Victim Services. (PC 679.02(a)(6), PC 11155.)The Right to be Protected13 -------------------------------------------------------------------------------- Page 17 An employer with more than 25 employees may not discriminate against an employee who has been a victim of a sex crime or domestic violence when that employee seeks medical attention or counseling. (LC 230.1.)Employers must allow crime victims or family members t

Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be

Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be

Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be

Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld

Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld

Estate of Coleman v. Casper Concrete Co. 1997 WY 64 939 P.2d 233 Case Number: 96-30 Decided: 05/19/1997 Supreme Court of Wyoming -------------------------------------------------------------------------------- Cite as: 1997 WY 64, 939 P.2d 233 -------------------------------------------------------------------------------- The ESTATE OF KEITH D. COLEMAN, Deceased, By and Through its Personal Representative, Janice Coleman, Appellant(Plaintiff), v. CASPER CONCRETE COMPANY, a Wyoming Corporation; and Skorcz Electric, Inc., a Wyoming Corporation, Appellees(Defendants). Appeal from the District Court, Natrona County, The Honorable Dan Spangler, Judge Representing Appellant: Dallas J. Laird, Casper; and Richard R. Jamieson, Casper. Representing Appellee: Richard R. Wilking, Casper; and Earl J. Hanson of Hanson, Roybal, Lee & Todd, P.C., Billings, for Appellee Casper Concrete Company. Rebecca A. Lewis of Lewis & Associates, P.C., Laramie, for Appellee Skorcz Electric, Inc. Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN,* and LEHMAN, JJ. * Chief Justice at time of oral argument. TAYLOR, Chief Justice. [¶1] In 1989, the State of Wyoming contracted with appellees to build a highway intersection and install traffic lights. In June of 1993, during a malfunction of those lights, a young man was killed in a collision with a drunk driver at the intersection. Although the State successfully sought shelter in immunity and the drunk driver eventually settled with the decedent's estate, suit survived against appellees on disparate theories of negligence, strict liability and res ipsa loquitur. From an adverse summary judgment, the decedent's estate prosecutes this appeal. We affirm. I. ISSUES [¶2] The decedent's mother, Janice Coleman, as personal representative of her son's estate (appellant), states the following issues: I. Whether the district court properly granted summary judgmen

Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai

Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai

Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).

Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).

The three CTSA's (Coordinated Transportation Service Agencies) are mandated under federal and state law to develop and implement transportation plans for Riverside County. The Office on Aging conducts community needs assessments and public hearings on the transportation needs of seniors and adults with disabilities, and makes this information available to the CTSAs. -------------------------------------------------------------------------------- Page 4 Response to Grand Jury Report Page 3 * - - . The Advisory Council on Aging recently held a public forum on transportation issues affecting seniors and adults with disabilities in Riverside County, and heard extensive testimony from providers and consumers on current transportation programs and resources, and unmet transportation needs. This information was disseminated widely, and also provided a basis for advocating for improved transportation services for seniors and adults with disabilities in the plan that is developed and implemented by the CTSAs. Recommendation #3: Riverside County Transit Authority provides benches, route maps and bus schedules at all public bus stops. Office on Aging agrees with the finding, but has no direct control over Riverside County Transit Authority. This recommendation will be shared with the Advisory Council on Aging to be included in their advocacy efforts for improved and expanded transportation. The Council will ask RCTA to make improvements at bus stops. Recommendation #4: RCOOA immediately hire a minimum of three additional case managers to meet current and expected workloads. The recommendation will be fully implemented within the next 60 days. Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some ti

6 - Chapter 1. Introduction  Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates  States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi

6 - Chapter 1. Introduction  Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates  States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi

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Did you mean: SUMMARY JUDGMENT STANDARD Summary judgment is proper of the moving party can demonstrate that there is no genuineissue of material fact and it is entitled to judgment as a matter of law. In considering whether genuine issues of material fact exist, the Co Search Results 877 F.2d 728 Id. Under that standard, summary judgment is proper only where "the pleadings, ... If the moving party satisfies this burden, the opponent must set forth specific ... Such an issue of fact is only a genuine issue if it can reasonably be ... of material fact exists no longer precludes the use of summary judgment. ... bulk.resource.org/courts.gov/c/F2/877/877.F2d.728.87-4418.html - 30k - Cached - Similar pages - DOJ Appeal Brief Re Summary Judgment Requirements / Antitrust Laws ... 4 2 The central economic fact about delivering circulars to households is that, .... if "there is no genuine issue as to any material fact and . . . the moving party is ... If Advo met that standard, summary judgment was improper even if, .... In considering whether to attempt entry, a prospective entrant would ... www.lect law .com/files/ant14.htm - 48k - Cached - Similar pages - [PDF] IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ... File Format: PDF/Adobe Acrobat no genuine issue of material fact exists and the moving party is entitled .... the court must consider "whether or not the individual can perform the essential functions of the ..... defendant Penn-Del Directory Company for summary judgment (Document No. ... defendant is not entitled to judgment as a matter of law, ... www.paed.uscourts.gov/documents/opinions/99D0387P.pdf - Similar pages - Brief for Amicus Curiae United States of America in Support of ... Summary judgment is properly granted only

The traditional answer places heavy emphasis on the function of the common law writ system to do the work now done by the concept of standing. n27 According to this analysis, the concept of standing could only arise after the breakdown of the writ system and of common law pleading. Standing then developed as an elaboration of the essence of the private causes of action previously embodied in the writs. n28 As such, the modern concept of standing, with its focus on injury-in-fact, is thought to be only the preservation of the private rights model n29 of adjudication known to the Framers.

On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w

On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding was precisely the same as that sought by Mr. Lyons on the merits of his case. n19On one level, Lyons represents a jurisprudential dispute between the majority and the dissent over the relative efficacy of retrospective damage remedies and prospective injunctive relief to deter constitutional violations. On another level, this case concerns a related dispute about the role of federal courts in our system. But there was an underlying reality: Human lives were at stake. Mr. Lyons obtained a preliminary injunction against the chokehold practice; both the court of appeals and the Supreme Court issued a stay of that order while the appeal was pending. Six additional people were choked to death by Los Angeles police while the courts determined that no one had standing to stop the practice. n18 Yet, two years later when the Court considered the same substantive constitutional theory in a related factual context, it held that it was unconstitutional for the police to use deadly force against nondangerous suspects. This holding w

# Kim's reply abt coroners office.pdf 15k - on Jun 23, 2009 12:42 PM by Nye Frank (version 1) Remove # Portfolio1.pdf 779k - on Jun 23, 2009 12:43 PM by Nye Frank (version 1) Remove # asking who the presiding judge Ty's current case and minutes.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # confirmation email from Kim she received emails.doc 87k - on Jun 23, 2009 12:21 PM by Nye Frank (version 1) Remove # email about Pacheco getting award for elder services.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email asking for help to get police and autopsy reports.pdf 15k - on Jun 23, 2009 12:20 PM by Nye Frank (version 1) Remove # email asking for info on our rights and info about mom's statement.pdf 14k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email asking to see what is in the file, what are the facts being considered.pdf 27k - on Jun 23, 2009 12:19 PM by Nye Frank (version 1) Remove # email from Kim in reply to request for news about case.pdf 17k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email reporting what happened when Dawana tried to get police report.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email request that case be transferred to grand jury.mht 12k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # emails to Riverside County DA Victim Advocate.pdf 56k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim about Rushton becoming a judge.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email to Kim about how DA is treating the case.pdf 20k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email to Kim asking for representative to help get copy of what is in nye's file.pdf 29k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email to Kim that NOVA will call her.pdf 14k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim to inform that we received police report wi

# Kim's reply abt coroners office.pdf 15k - on Jun 23, 2009 12:42 PM by Nye Frank (version 1) Remove # Portfolio1.pdf 779k - on Jun 23, 2009 12:43 PM by Nye Frank (version 1) Remove # asking who the presiding judge Ty's current case and minutes.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # confirmation email from Kim she received emails.doc 87k - on Jun 23, 2009 12:21 PM by Nye Frank (version 1) Remove # email about Pacheco getting award for elder services.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email asking for help to get police and autopsy reports.pdf 15k - on Jun 23, 2009 12:20 PM by Nye Frank (version 1) Remove # email asking for info on our rights and info about mom's statement.pdf 14k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email asking to see what is in the file, what are the facts being considered.pdf 27k - on Jun 23, 2009 12:19 PM by Nye Frank (version 1) Remove # email from Kim in reply to request for news about case.pdf 17k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email reporting what happened when Dawana tried to get police report.pdf 29k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email request that case be transferred to grand jury.mht 12k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # emails to Riverside County DA Victim Advocate.pdf 56k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim about Rushton becoming a judge.pdf 15k - on Jun 23, 2009 12:36 PM by Nye Frank (version 1) Remove # email to Kim about how DA is treating the case.pdf 20k - on Jun 23, 2009 12:37 PM by Nye Frank (version 1) Remove # email to Kim asking for representative to help get copy of what is in nye's file.pdf 29k - on Jun 23, 2009 12:38 PM by Nye Frank (version 1) Remove # email to Kim that NOVA will call her.pdf 14k - on Jun 23, 2009 12:40 PM by Nye Frank (version 1) Remove # email to Kim to inform that we received police report wi

IFurther, Weinberger concerned in the main an explicit statutory exemption to the Freedom of Information Act ("FOIA"). See Weinberger, 454 U.S. at 144, 102 S. Ct. 197. FOIA analysis is governed strictly by statute, while the state secrets privilege is governed solely by judge-made law. Also, FOIA cases involve a determination of what information can be released to the public without any restriction on the information's dissemination. In contrast, the state secrets privilege governs what material can be used by individual litigants who need such information to make their cases, under such restrictions of access as may be necessary, including in camera review, closed proceedings, and sealed records. Weinberger therefore dealt principally with the substantive question whether the sensitive material at issue could be made public and only as a subsidiary matter with the handling of that material within the confines of litigation. Weinberger did refer to Totten at the end of the opinion as an explanation, by analogy, concerning why the National Environmental Policy Act ("NEPA") inquiry could not go forward in court. It also referred, however, in the same context, to Reynolds, the seminal state secrets privilege case. Weinberger, 454 U.S. at 147, 102 S. Ct. 197. The brief reference to Totten in Weinberger therefore cannot be read as prescribing the application of Totten without regard to the later-developed state secrets privilege doctrine, and Kasza evidently did not so read it. We therefore conclude that Totten is applicable to the case before us only as applied through the prism of current state secrets doctrine. C. To invoke the state secrets privilege, a formal claim of privilege must be "lodged by the head of the department which has control over the matter, after actual personal consideration [of the evidence] by that officer." Reynolds, 345 U.S. at 7-8, 73 S. Ct. 528 (footnotes omitted); see also Kasza, 133 F.3d at 1165. After that, "[t]he court itself

Sort by date / Sort by relevance Not finding it? Try our advanced search or look for ... * statistics from BJS * juvenile justice info from OJJDP * victim and victim service provider info from OVC * assistance programs from BJA * abstracts and publications from NCJRS Search all Office of Justice Programs agencies. [PDF] When Silenced Voices Speak: An Exploratory Study of Prostitute ... ... variance. Trained raters examined 123 closed homicide files (49 single and 74 serial victims, respectively) submitted fiom U. S. law ... www.ncjrs.gov/pdffiles1/nij/grants/198117.pdf - 2005-02-11 - Text Version [PDF] Investigation and Prosecution of Homicide Cases in the US: The ... ... Document Title: Investigation and Prosecution of Homicide Cases in the US: The Process for Federal Involvement ... Homicide Cases in the US: ... www.ncjrs.gov/pdffiles1/nij/grants/214753.pdf - 2006-07-17 - Text Version [ More results from www.ncjrs.gov/pdffiles1/nij/grants ] [PDF] National Evaluation of Weed and Seed: Las Vegas Case Study ... 6 This crime measure includes four categories of violent crime-homicide, rape, robbery, and ... of Weed and Seed in Las Vegas was the exceptional level of ... www.ncjrs.gov/pdffiles1/nij/175697.pdf - 2005-02-11 - Text Version [PDF] Practical Implications of Current Domestic Violence Research ... According to the Supplementary Homicide Reports of the FBI‟s Uniform Crime Reporting Program in 2005, 1,181 females and 329 males were killed by their ... www.ncjrs.gov/pdffiles1/nij/225722.pdf - 2009-06-09 - Text Version [ More results from www.ncjrs.gov/pdffiles1/nij ] [PDF] Presenter Biographies ... of Three Cities: Labor Markets and Homicide," "Racial and Ethic Disparities in Imprisonment," "Racial/Ethnic Disparities and Exceptional Sentences in ... www.ojp.usdoj.gov/nij/events/nij_conference/2003/biographies.pdf - 2009-05-09 - Text Version [PDF] The DNA Field Experiment: Cost-Effec

Sort by date / Sort by relevance Not finding it? Try our advanced search or look for ... * statistics from BJS * juvenile justice info from OJJDP * victim and victim service provider info from OVC * assistance programs from BJA * abstracts and publications from NCJRS Search all Office of Justice Programs agencies. [PDF] When Silenced Voices Speak: An Exploratory Study of Prostitute ... ... variance. Trained raters examined 123 closed homicide files (49 single and 74 serial victims, respectively) submitted fiom U. S. law ... www.ncjrs.gov/pdffiles1/nij/grants/198117.pdf - 2005-02-11 - Text Version [PDF] Investigation and Prosecution of Homicide Cases in the US: The ... ... Document Title: Investigation and Prosecution of Homicide Cases in the US: The Process for Federal Involvement ... Homicide Cases in the US: ... www.ncjrs.gov/pdffiles1/nij/grants/214753.pdf - 2006-07-17 - Text Version [ More results from www.ncjrs.gov/pdffiles1/nij/grants ] [PDF] National Evaluation of Weed and Seed: Las Vegas Case Study ... 6 This crime measure includes four categories of violent crime-homicide, rape, robbery, and ... of Weed and Seed in Las Vegas was the exceptional level of ... www.ncjrs.gov/pdffiles1/nij/175697.pdf - 2005-02-11 - Text Version [PDF] Practical Implications of Current Domestic Violence Research ... According to the Supplementary Homicide Reports of the FBI‟s Uniform Crime Reporting Program in 2005, 1,181 females and 329 males were killed by their ... www.ncjrs.gov/pdffiles1/nij/225722.pdf - 2009-06-09 - Text Version [ More results from www.ncjrs.gov/pdffiles1/nij ] [PDF] Presenter Biographies ... of Three Cities: Labor Markets and Homicide," "Racial and Ethic Disparities in Imprisonment," "Racial/Ethnic Disparities and Exceptional Sentences in ... www.ojp.usdoj.gov/nij/events/nij_conference/2003/biographies.pdf - 2009-05-09 - Text Version [PDF] The DNA Field Experiment: Cost-Effec

The Changing Role of the Courts in Elder Abuse Cases These cases addressed a wide array of issues: immunity from liability for people .... The fraud units are mandated by the federal government and authorized to ... The growth of elder law as a practice specialty has fueled much of the ... Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse. ... www.utahbar.org/sites/noecomm/html/the_changing_role_of_the_court.html - 35k - Cached - Similar pages Manual Call Of Duty 4 Pc - Manual Call Of Duty 4 Pc Apr 8, 2009 ... maryland state law jury duty masint analyst duties marriage duty ... massachusetts private duty elderly ... mandatory duty public entity liability for marine corp embassy duty ... maryland sheriff's duties marine locator non active duty ... Homicide? A muscle in Carol's arm twitched involuntarily ... technologise.com/search.php?q=manual-call-of- duty -4-pc - Similar pages The StandDown Texas Project: Law of Parties/Felony Murder Rule All of these issues give better cause to eliminate state executions, ... auxiliary sheriff's deputy, a fire marshal or an assistant fire marshal with ..... due process protections mandated by the U.S. Supreme Court's 2007 decision, ...... state's law of parties, a conspirator liability statute that posits that if ... standdown.typepad.com/weblog/ law _of_partiesfelony_murder_rule/ - 179k - Cached - Similar pages North Country Gazette » Death In Pinellas County-Excited Delirium ... The medical examiner's office ruled Tipton's death a homicide, ... In such as state of "excited delirium", experts say that physical restraint by ... Last week in Ohio, retired visiting judge Ted Schneiderman who is long past the mandated ... sheriff's officers from any liability in McCullaugh's death and to cause ...

In defining case closure, often referred to as case "clearance," the U.S. Department of Justice's Bureau of Justice Statistics has stated that "Law enforcement agencies clear or solve an offense when at least one person is arrested, charged with the commission of the offense, and turned over to the court for prosecution." In addition, cases can be closed through "exceptional" means -- which are often referred to as "administrative" case closures. Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender. In such circumstances, law enforcement must have identified the offender, possess enough evidence to support arrest, and identify the offender's location." Some of the circumstances that may permit exceptional clearances include the death of the offender; the victim's refusal to cooperate with the prosecution after the offender has been identified; the arrest or imprisonment of the offender due to another crime or crimes; or the offender's flight to another jurisdiction where extradition is not possible.[ Reply ] [ Edit ] « Back to Inbox [ Invite Others to this Conversation ] 1 - 1 of 1 ActionsInvite Others to this Conversation Leave This Conversation Message Propagation Path Initiated by Nye Frank People in this conversation (1)Nye Frank Diigo - Highlight and Share the Web!About Diigo| Help| User Forum| Blog| Tools| Contact| Terms of Service| Privacy| © Diigo Inc 2008 -- User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License

Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender

Home Complaints/Parties Actions Minutes Pending Hearings Case Report Images Case Type Case Number Results In Same New Window Case RIC512723 - FRANK VS RIVERSIDE DISTRICT ATTORNEY'S OFFICE Complaint Number: 1 Complaint Type: Petition Filing Date: 11/12/2008 Complaint Status: ACTIVE Party Number Party Type Party Name Attorney Party Status 1 Petitioner LEOTA ANN FRANK Pro Per Fees Waived 6 Petitioner LEE FRANK Pro Per 2 Respondent RIVERSIDE DISTRICTATTORNEY'S OFFICE COUNTY COUNSEL Serve Required (WaitS) 3 Respondent RIVERSIDE SHERIFF OFFICE COUNTY COUNSEL Serve Required (WaitS) 4 Respondent ADULT PROTECTIVE SERVICES COUNTY COUNSEL Serve Required (WaitS) 5 Respondent CA VICTIMS COMPENSATION PROGRAM Unrepresented Serve Required (WaitS) 7 Respondent DAIMA CALHOUN KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 8 Respondent MICHAEL RUSHTON KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 9 Respondent CECELIA PLACENCIA KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 10 Respondent KIM EMMERLING KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 11 Respondent STANLEY SNIFF, KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 12 Respondent JOHN SCHULTZ KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 13 Respondent DAN WILHELM KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 14 Respondent JESSE MARTINEZ KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 15 Respondent ANDRE O'HARA, KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 16 Respondent E.H. DENNY, KINKLE, RODIGER, &SPRIGGS Demurr 03/20/2009 17 Respondent MARK FAJARDO, M.D., Unrepresented Serve Required (WaitS) 18 Respondent BOARD OF SUPERVISORS KINKLE, RODIGER, &SPRIGGS Serve Required (WaitS) * a: Amazon * d: Download Squad * f: Facebook * g: Digg * l: Lifehacker * m: Masha

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Aggressive prosecution clogs Riverside courts ... Duane Gang, staff reporter of the Riverside Press-Enterprise newspaper for researching and reporting his story ... September 12, 2008 edition. The PE reports that Riverside County District Attorney Rod Pacheco is spending at least $500,000 in taxpayer ... Topic - Frank Courser - 3/03/2009 - 08:37 - 1 comment - 0 attachments Overwhelmed Riverside courts dump criminal cases ... isn't a judge to preside over the case. Glad I'm not in Riverside . This grand social experiment that the liberal mined cradle to grave proponents has come around to haunt Riverside County . In due course it will be anarchy and the best armed person is the ... Topic - oldgoat1948 - 8/27/2008 - 09:46 - 0 comments - 0 attachments California prepares to expand 3 prisons ... came down with H-pylori, we were able to convince the Riverside press Enterprise to do an investigation, but they were able to slide ... one at Norco has filed a complaint with the Riverside County Grand Jury so that something will be done about this ignored problem. If ... Topic - Susan1union1 - 4/01/2009 - 19:02 - 2 comments - 0 attachments BUSINESSES that SUPPORTED HATE/DISCRIMINATION/BIGOTRY ... GROUP CARLSBAD CA $300.00 ALTA HOME CARE INC. RIVERSIDE CA $2,500.00 AMADA HOME CARE, INC. COSTA MESA CA $200.00 ... GYMNASTICS, INC. GRANITE BAY CA $5,000.00 TULARE COUNTY INVESTMENTS LLC CAMARILLO CA $5,000.00 TULARE COUNTY INVESTMENTS, ... Topic - NoOnProp8 - 11/21/2008 - 14:49 - 1 comment - 0 attachments California Supreme Court to decide fate of Prop. 8 same-sex marriage ban ... Marriage Index. It's all there. You can even go to the County website and check "grantor/grantee" lists. There are also other ... GROUP CARLSBAD CA $300.00 ALTA HOME CARE INC. RIVERSIDE CA $2,500.00 AMADA HOME CARE, INC. COSTA ME