Skip to main content

Home/ Nyefrank/ Group items tagged federally

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
Nye Frank

Civil Rights Claims In Wisconsin | Wisconsin Attorney's | PittsLaw.com - 0 views

74.125.155.132/search

notice of claim 1983

shared by Nye Frank on 28 Jul 09 - Cached
  • 120 day notice of claim requirement, qualified immunities for discretionary conduct by governmental employees, and a limitation of damages provision in the amount of $50,000.00 that applies to most state law claims
  • Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff’s clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police).  
  •   The Wisconsin Supreme Court has held that the $50,000.00 municipal liability cap on damages prescribed by Wis. Stat. § 893.80(3) does not apply in a civil rights lawsuit.  Thompson v. Village of Hales Corners, 115 Wis. 2d 289, 340 N.W.2d 704 (1983). Wisconsin’s state law that puts a $350,000 cap on damages for loss of society and companionship arising out of the death of an adult family member or a $500,000 cap on damages for loss of society and companionship of a minor is likewise inapplicable in a civil rights case. Bell v. City of Milwaukee, 746 F.2d 1205 (7th Cir. 1984
  • Nye Frank on 28 Jul 09
     
    Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff's clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police). http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
Nye Frank

1 THE TAF MODEL STATE FALSE CLAIMS ACT MUST BE AMENDED TO ALIGN WITH FEDERAL LAW - 0 views

209.85.173.132/custom

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Section 3 establishes procedures for the court to dismiss or settle a whistleblower action under the TAF Model Bill and procedures for a whistleblower to be heard on the AttorneyGeneral's motions to dismiss or settle such an action. These provisions differ from the federal civil FCA, however, by (a) requiring only the written consent of the court, not the Attorney General, (b) requiring the court to take "the best interest of the parties involved and the public purposes behind this chapter" into account prior to granting a dismissal, and (c) granting whistleblowers additional rights in these proceedings. These additional requirements, rights, and evidentiary privileges could clearly be problematic in litigation involving pendent state claimsunder the federal civil FCA. Arguably, these provisions also interfere with the Attorney General's prosecutorial discretion and the separation of judicial and executive powers
Nye Frank

Bureau of Justice Statistics Publications With NACJD Data - 0 views

www.icpsr.umich.edu/...bjs_pubs.html

victims tort cases

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    Presents findings from the Federal Judicial Centers, Integrated Data Base
  • Nye Frank on 24 Jul 09
     
    Presents findings from the Federal Judicial Centers, Integrated Data Base
Nye Frank

prosecuting the prosecutors misconduct - Google Scholar - 0 views

scholar.google.com/scholar

shared by Nye Frank on 07 Mar 09 - Cached
  • Nye Frank on 07 Mar 09
     
    Scholar All articles - Recent articles Results 1 - 10 of about 4,890 for prosecuting the prosecutors misconduct . ( 0.09 seconds) Prosecuting Police Misconduct : Reflections on the Role of the US Civil Rights Division A Agathocleous - 1998 - ncjrs.gov ... to say about the nature of police misconduct and about strategies prosecutors can employ ... The focus is on the Federal role in prosecuting police misconduct ... Cited by 4 - Related articles - Cached - Web Search - Library Search - All 2 versions [BOOK] The Japanese way of justice: prosecuting crime in Japan DT Johnson - 2001 - books.google.com ... authority and discre- tion than has an American prosecuting attorney. ... prosecutors in Japan seem to engage in less misconduct than prosecutors in America ... Cited by 34 - Related articles - Web Search - Library Search - BL Direct - All 3 versions Violated trust: Conceptualizing prosecutorial misconduct H Schoenfeld - Journal of Contemporary Criminal Justice, 2005 - ccj.sagepub.com ... Criminal sanctions for misconduct are practically nonexistent ... initiating criminal proceedings against prosecutors , yet doing ... tanta- mount to prosecuting one of ... Cited by 7 - Related articles - Web Search - BL Direct - All 2 versions The ethical prosecutor's misconduct RN Jonakait - Criminal Law Bulletin, 1987 - ncjrs.gov ... of prosecutorial misconduct . Instead, the forces that impel it exist in routine cases for ordinary prosecutors . (Author abstract). Main Term(s): Prosecuting ... Cited by 2 - Related articles - Cached - Web Search Courtroom Misconduct by Prosecutors and Tri
Nye Frank

Alliance: Factsheets: Elder Abuse and the Law - 0 views

74.125.155.132/search

elder abuse laws

shared by Nye Frank on 27 Jul 09 - Cached
  • Elder Abuse Laws Numerous accounts of maltreatment led policy makers to pass a series of laws intended to protect elderly victim. The passage of the federal Older Americans Act of 1965 (OAA) (3) and the creation of the Vulnerable Elder Rights Protection Program (4) in 1992 were instrumental in promoting state laws to address the needs and concerns of the elderly. The Vulnerable Elder Rights Protection Program legislation promoted advocacy efforts through ombudsmen offices; abuse, neglect and exploitation prevention programs; and legal assistance on behalf of older Americans. It also offered federal funding incentives which made it possible for states to develop and maintain programs designed to assist the elderly. In many respects, state elder abuse laws are patterned after legislation designed to address the problem of child abuse and neglect, and, like the response to child maltreatment, often involve the combined efforts of both criminal justice officials and social services staff. Criminal Elder Abuse Laws In an effort to deter crimes against elderly victims, and to express society's abhorrence toward such offenses, many state legislatures have created special offenses involving crimes against the elderly. Laws criminalizing abuse of the elderly are in effect in all states and the District of Columbia. Generally, these laws define the conduct which constitutes a specific form of abuse, and may make a distinction between abuse committed in a domestic, as opposed to an institutional, setting. At least two states -- Massachusetts and North Carolina -- have laws which subject anyone over the age of 18 who has sufficient means, but neglects or refuses to support a parent who is unable to support him/herself due to age or disability, to a fine or imprisonment. (5)
  • Nye Frank on 27 Jul 09
     
    ivil Remedies A few states have special provisions for the bringing of civil actions by the elderly. If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit. In Georgia, the elderly may recover actual and punitive damages and attorney's fees for injury resulting from unfair or deceptive business practices.
Nye Frank

Links - September 11th Victim Compensation Fund of 2001 - 0 views

www.usdoj.gov/...re_legal.html

victim compensation 11th legal crime

shared by Nye Frank on 28 Jul 09 - Cached
  • Links for state bar associations for some key victim states are listed below. State Bar of California Connecticut Bar Association District of Columbia Bar Maryland State Bar Association Massachusetts Board of Bar Overseers,Office of the Bar Counsel New Jersey State Bar Association New York State Bar Association Pennsylvania Bar Association Virginia State Bar
  • Nye Frank on 28 Jul 09
     
    There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
Nye Frank

Diigo & Google - 0 views

www.diigo.com/...g

equal protection civil rights

shared by Nye Frank on 28 Jul 09 - Cached
  • Nye Frank on 28 Jul 09
     
    There is much litigation over the question whether a particular wrong allegedly perpetrated by a defendant upon a plaintiff is the type of conduct that the civil rights act was designed to remedy. Many claimed infractions of the law do not give rise to a civil rights violation. Suit is allowed only if the defendant deprives a person of his or her rights under the federal laws or the United States Constitution. Weber v. City of Cedarburg, 129 Wis. 2d 57, 384 N.W.2d 333 (1986). The civil rights statute does not create any substantive rights. Penterman v. Wisconsin Electric Power Co., 211 Wis. 2d 458, 565 N.W.2d 521 (1997). The procedural protections of the Due Process Clause of the 14th Amendment will only be triggered if state action implicates a constitutionally protected interest in life, liberty or property. Board of Regents v. Roth, 498 U.S. 564 (1972)(no constitutional tort was involved in non-renewal of contract of non-tenured teacher). Nothing in the 14th Amendment protects against all government deprivations of life, liberty or property. Only deprivations without due process of law are protected. Hudson v. Palmer, 468 U.S. 517, (1984)(shakedown of prison inmate not actionable unless solely for the purpose of harassing or humiliating plaintiff) http://74.125.155.132/search?q=cache:mOG9ycDK1QwJ:www.pittslaw.com/_pittslaw.09_/Pages/civil_rights_claims.html+&cd=6&hl=en&ct=clnk&gl=us&client=firefox-a
Nye Frank

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

1983 indifference minimum in standard case

shared by Nye Frank on 29 Jul 09 - Cached
  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected righ
  • F.2d 272 (6th Cir. 1990) (noting that the Supreme Court's reasoning in Tennessee v. Garner, 471 U.S. 1 (1985), likely "preserve[d] Fourteenth Amendment substantive due process analysis for those instances in which a free citizen is denied his or her constitutional right to life through means other than a law enforcement official's arrest, investigatory stop or other seizure"), cert. denied, 498 U.S. 851 (1990).
  • But when a law enforcement officer arbitrarily acts to deprive a person of life and personal security in the course of pursuing his official duties, constitutional due process rights may be implicated. Daniels, 474 U.S. at 331 ("The touchstone of due process is protection of the individual against arbitrary action of government."). Section 1983 "contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right." Daniels, 474 U.S. at 330 . See Daniels, 474 U.S. at 330 . The underlying constitutional rights at issue here are substantive due process rights to life and liberty or personal security. In Daniels, the Supreme Court held that where an official's or government entity's conduct constitutes mere negligence, no substantive due process violation occurs. Daniels, 474 U.S. at 328 . Daniels expressly left open the question whether something less than intentional conduct such as recklessness or gross negligence would suffice "to trigger the protections of the Due Process Clause." Id. at 334 n.3. But in City of Canton v. Harris, 489 U.S. 378 (1989), the Court held that nonintentional government conduct can violate the Due Process Clause and thus lead to S 1983 liability. City of Canton held that a municipality may be liable for a failure to train its employees when such failure demonstrates "deliberate indifference to rights of persons with whom police come into contact." Id. at 388.
  • ...9 more annotations...
  • Five circuits have addressed S 1983 liability in the context of high-speed pursuits. These circuits have applied various labels to the standard of conduct that may lead to liability. See, e.g., Fagan v. City of Vineland, 22 F.3d 1296 (3rd Cir. 1994) (en banc) (overruling previous reckless indifference standard and adopting shocks the conscience standard); Medina v. City and County of Denver, 960 F.2d 1493, 1496 (10th Cir. 1992) (reckless disregard); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 723 (4th Cir. 1991) (shocks the conscience), cert. denied, 502 U.S. 1095 (1992); Roach v. City of Fredericktown, 882 F.2d 294, 297 (8th Cir. 1989) (holding gross negligence insufficient but not stating what standard should be applied); Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir. 1987) (holding gross negligence or outrageous conduct sufficient in some circumstances). 4
  • In one such due process case, we held that either "gross negligence, recklessness, or `deliberate indifference'" was sufficient to state a substantive due process violation. Wood v. Ostrander, 851 F.2d 1212, 1214 (9th Cir. 1988) ("Wood
  • I"), reh'g granted and opinion modified by, 879 F.2d 583 (9th Cir. 1989) ("Wood II"), cert. denied, 498 U.S. 938 (1990). Relying on the standard set out in Wood I, we later held that "grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable under S 1983." Fargo v. City of San Juan Bautista, 857 F.2d 638 (9th Cir. 1988). But Fargo's grossly negligent standard was explicitly based on Wood I, which was modified on rehearing and superseded by Wood II. In Wood II, we stepped back from the grossly negligent standard. We noted that an intervening Supreme Court decision, City of Canton, 489 U.S. 378 , had called into question this standard as set forth in Wood I and Fargo. Wood II, 879 F.2d at 588.
  • In Fargo, we defined gross negligence as "`more than ordinary inadvertence or inattention, but less perhaps than conscious indifference to the consequences.'" Fargo, 857 F.2d at 641 (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts S 34, at 212 (5th ed. 1984)). We also noted that an officer's state of mind is not an issue in a claim based on gross negligence, "although the contrary may be true where the claim involves recklessness." Id. at 642. Although we declined to decide whether an innocent state of mind would negate recklessness or "whether recklessness may be presumed conclusively from conduct," we did note that recklessness and deliberate indifference are equivalent in the sense that they both generally refer to conduct involving "a `conscious disregard' of public safety." Id. at 642 n.7. We also said that, "where state officials have notice of the possibility of harm, `negligence can rise to the level of deliberate indifference to or reckless disregard for' the victim." Id. (quoting Davidson v. Cannon, 474 U.S. 344, 357 (1986) (Blackmun, J., dissenting)). Because we concluded that a triable issue of fact remained as to whether the police officer's conduct might have been grossly negligent, we found it unnecessary to determine whether the officer's conduct might have risen to the more culpable standard of recklessness. Id. at 643
  • In Wood II, we redefined the standard forS 1983 substantive due process violations by police officers. As explained above, we recognized that the Supreme Court's decision in City of Canton, 489 U.S. 378 , had called into question our decisions in Wood I and Fargo that gross negligence was sufficient. Wood II, 879 F.2d at 588. Analyzing the facts in Wood under City of Canton's deliberate indifference standard, we concluded that there remained a genuine issue of material fact as to whether the police officer in Wood had been deliberately indifferent to the plaintiff's interest in her personal security. Id. at 588.
  • Wood II makes clear that, in this circuit, an officer can be held liable for a S 1983 claim if that officer's conduct is delib erately indifferent to or in reckless disregard of a person's right to life and personal security.
  • Here, plaintiffs have alleged that Officer Smith violated the Sacramento County Sheriff's Department General Order regarding pursuits ("General Order")6 by instituting and then continuing the pursuit even when a reasonable officer would have known that to do so was in reckless disregard of Lewis's and Willard's safety. A violation of police procedures is relevant to determine whether a substantive due process violation has occurred. Fargo, 857 F.2d at 642. Police procedures are designed, in part, to guide officers when they engage in conduct that poses a serious risk of harm to either a suspect or to the general public. See id.
  • The General Order requires an officer to communicate his intention to pursue a vehicle to the sheriff's department dispatch center. But defendants concede that Smith did not contact the dispatch center. The General Order requires an officer to consider whether the seriousness of the offense warrants a chase at speeds in excess of the posted limit. But here, the only apparent "offense" was the boys' refusal to stop when another officer told them to do so. The General Order requires an officer to consider whether the need for apprehension justifies the pursuit under existing conditions. Yet Smith apparently only "needed" to apprehend the boys because they refused to stop. The General Order requires an officer to consider whether the pursuit presents unreasonable hazards to life and property. But taking the facts here in the light most favorable to plaintiffs, there existed an unreasonable hazard to Lewis's and Willard's lives. The General Order also directs an officer to discontinue a pursuit when the hazards of continuing outweigh the benefits of immediate apprehension. But here, there was no apparent danger involved in permitting the boys to escape. There certainly was risk of harm to others in continuing the pursuit.
  • In City of Canton the Supreme Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a S 1983 due process action against a municipality for a policy or custom of inadequate training of police officers. City of Canton, 489 U.S. at 388 . The Court reasoned that a municipality's inadequate training of its employees can only constitute a "policy or custom" when such inadequate training "evidences a `deliberate indifference' to the rights of its inhabitants." Id. at 389. But the Court also specified that the deliberate indifference standard "does not turn upon the degree of fault (if any) that a plaintiff must show to make out an underlying claim of a constitutional violation." Id. at 388 n.8. City of Canton thus did not explicitly overrule our decisions in either Wood I or Fargo because they involved claims of substantive due process violations against individual police officers.
  • Nye Frank on 29 Jul 09
     
    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
  • ...1 more comment...
  • Nye Frank on 29 Jul 09
     
    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
  • Nye Frank on 29 Jul 09
     
    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
  • Nye Frank on 29 Jul 09
     
    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
Nye Frank

Crime & Federalism: Prosecutorial Misconduct - 0 views

federalism.typepad.com/...prosecutorial-misconduct

prosecutor misconduct substantive law

shared by Nye Frank on 22 Sep 09 - Cached
  • Nye Frank on 22 Sep 09
     
    nye
  • Nye Frank on 22 Sep 09
     
    nye
Nye Frank

riverside county google local news on prosecutors, sheriff, da - Google Search - 0 views

www.google.com/search

Riverside County DA Prosecutor Corruption Sheriff news investigations

shared by Nye Frank on 19 Apr 09 - Cached
  • Nye Frank on 19 Apr 09
     
    Tip: Save time by hitting the return key instead of clicking on "search" Search Results Important, Please Read!!! Nye Frank!!!! - OFN Forums - 17 visits - Apr 13 I was informed news guy Prosecutor Calhuoun's was his girl friends room mate. ... not to file charges against Reddish. http://www.pe.com/localnews/inland/s...7.27f0ad3.html .... Riverside County Sheriff Audio Recording of Nye Frank Homicide, Phil Reddish ... Nye Frank- Riverside DA ol boys club Homicide coverup ... www.offroadfabnet.com/forums/showthread.php?t=3989 - 117k - Cached - Similar pages - [ Bookmark ] Calif. DA's Investigator, 5 Family Members Found Dead - Topix - 5 visits - 10/8/08 5 posts - 3 authors - Last post: Sep 15, 2008 Local News: Cathedral City, CA ... This comes as news emerges about the retirement of its chief ... "Good prosecutors win their cases, but it takes a great ... Riverside County Sheriff Audio Recording of Nye Frank Homicide, ... http://docs.google.com/Doc... Sheriff Report showing case closed by ... www.topix.com/forum/city/cathedral-city-ca/TRTT5L42RNURTHDMK - 79k - Cached - Similar pages - Riverside County, CA Domestic Violence Attorney Profiles ... - 5:01pm Lawyers Riverside County California - Attorney Profiles Domestic Violence ... years as a reserve Deputy Sheriff with the Los Angeles County Sheriff's Department. ... I also teach a course on homicide investigation at a local community college. I have trained other prosecutors during seminars for the California ... lawyers.law.cornell.edu/lawyers/domestic-violence/california/ riverside - county - 63k - Cached - Similar pages - Riverside County, CA Attorney Profiles - Riverside County ... He has appeared on Good Morning America, CNN, Court TV, Fox News Channel and Public Television. .... He is we
Nye Frank

laws for state liability in mandated duties - Google Search - 0 views

www.google.com/search

mandates

shared by Nye Frank on 16 Apr 09 - Cached
  • Nye Frank on 16 Apr 09
     
    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 ...
Nye Frank

Dormant Commerce Clause - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Dormant_Commerce_Clause

dormant commerce clause states

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Dormant Commerce Clause From Wikipedia, the free encyclopedia Jump to: navigation, search The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse - a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute. The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice O'Connor has written that: The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent. See The Federalist No. 22, pp. 143-145 (C. Rossiter ed. 1961) (A. Hamilton); Madison, Vices of the Political System of the United States, in 2 Writings of James Madison 362-363 (G. Hunt ed. 1901). http://en.wikipedia.org/wiki/Dormant_Commerce_Clause
Nye Frank

Diigo & Google - 0 views

www.diigo.com/...g

victims prosecutor

shared by Nye Frank on 02 Apr 09 - Cached
  • Nye Frank on 02 Apr 09
     
    Did you mean: http://www.ndaa.org/apri/index.html Custom Search APRI Home PageAPRI provides training and technical assistance to the National District Attorneys Association, and maintains specialized units focusing on such areas as ... www.ndaa.org/apri/index.html Topic - Related Links - National Criminal Justice Reference ServiceAmerican Prosecutors Research Institute (APRI) http://www.ndaa.org/apri/index.html. American Prosecutors Research Institute (APRI): DNA Forensics Program ... www.ncjrs.gov/App/Topics/MoreLinks.aspx?TopicId=29 APRI Highlights - American Prosecutors Research InstituteAs an affiliate of the National District Attorneys Association (NDAA), APRI's mission is to provide America's 27000 local prosecutors -- the elected and ... www.ndaa.org/publications/newsletters/apri_highlights_index.html RESEARCH - Health Organizations Directory Resultshttp://www.aicr.org/site/PageServer; American Prosecutors Research Institute (details) http://www.ndaa.org/apri/index.html; American Society for Clinical ... www.4woman.gov/Search/catalog.cfm?searchtype=orgtopic&topic=547 NDAA/APRI PublicationsCurrent names, addresses, telephone and fax numbers of America's Prosecutors at your fingertips. $35.00 NDAA members; $50.00 Non-members ... www.ndaa.org/publications/apri/index.html PND - NPO Spotlight - American Prosecutors Research Institute99 Canal Center Plaza, Suite 510. Alexandria, VA 22314. Fax: (703) 836-3195. E-mail: jennie.drimmer@ndaa-apri.org. URL: http://www.ndaa.org/apri/Index.html ... foundationcenter.org/pnd/spotlight/spotlight.jhtml;jsessionid=UD1JINHJ5FL5DLAQBQ4CGXD5AAAACI2F?id=1300058 Related Linkshttp://www.apsac.org. American Prosecutors Research Institute http://www.ndaa.org/apri/Index.html. American Psychiatric Association http://www.psych.org ... childabuse.georgiacenter.uga.edu/links.phtml SearchNDAA's affiliate, American Prosecutors Research Institute (APRI) provides specialized training/technical assi
Nye Frank

prosecutor, brady material, violations, duty - 0 views

www.diigo.com/...g

prosecutor brady material violations duty

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    Results 1 - 10 for prosecution's Brady obligation with Safesearch on. (0.14 seconds) Ads by Google Buy Brady Product Shop Labels, Ribbons, Tapes & More. Great Deals on Bulk Qty. Order Now! www.MSCDirect.com Brady Distributor The entire Brady catalog available to purchase online. All New Site. www.HansenSupply.com #1 Brady Dealer in the US The Best Selection and Lowest Price 31 drums in stock-Ships fast & free ForksDrumCloset.com/Brady_Drums Obligations en Bourse Achetez, Vendez, Comparez en Ligne Faites vos Opérations Boursières ! Obligations.fr.Ask.com Custom Search Second Circuit Blog: Prosecutor Cannot Avoid Brady Obligation by ...Aug 22, 2006 ... Prosecutor Cannot Avoid Brady Obligation by Claiming that He Did Not ... the prosecutor's failure to abide by his obligations under Brady. ... circuit2.blogspot.com/2006/08/prosecutor-cannot-avoid-brady.html [PDF] The Prosecution's Obligations to Disclose Witness ProffersFile Format: PDF/Adobe Acrobat - View as HTML tion's obligations under Brady and Jencks to dis- close proffer materials have significant ramifica- tions. For the prosecution, the boundaries of its ... www.birdmarella.com/articles/Prosecution%20Obligations.pdf Possible Brady Material In The Possession Of Law Enforcement ...The prosecution has no obligation to communicate preliminary, challenged or .... triggers his or her Brady obligation, the trial deputy shall review this ... da.co.la.ca.us/sd02-08.htm Legal Defense Fund - News ArticlesBecause the prosecution is obligated to turn over information that is under its control, the prosecution increases it Brady obligations each time it ... www.porac.org/ldf/articles/october%201%202002.html Federal Criminal Law Newsletter (Visitor's Edition) - September 24 ...Sep 24, 2001 ... Fair Trials and the Prompt Release of Brady/Giglio Materials to the .... principle that a prosecutor's Brady obligation is independent of a ... www.fedcrimlaw
‹ Previous 21 - 40 of 69 Next › Last »
Showing 20▼ items per page