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Nye Frank

we asked for a safe way to report Building A Financial Abuse Case for the Criminal Just... - 0 views

  • Identify other sources of information Health care professionals Paramedics and EMTs Family and friends Who did victim tell first Importance of asking about and documenting the victim's demeanor and reason for making contact Not for police action but for safety, health needs, seek help
  • Crawford v. Washington  Critical importance of witnesses to whom victim and suspect have spoken Identify non governmental witnesses to statements Document spontaneous statements and demeanor Calls for help and medical care
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    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
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    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
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    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
Nye Frank

RIC512723 Complaints - Riverside Civil & Small Claims - 0 views

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    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
Nye Frank

related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - ... - 0 views

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    1 Web Images Maps News Video Gmail more ▼ Shopping Groups Books Scholar Finance Blogs YouTube Calendar Photos Documents Reader Sites even more » crystalfinancial@gmail.com | Web History | My Account | Sign out Google Advanced Search Preferences Web Results 1 - 10 of about 4,940 for legal clinic helps self represented litigants for elders . ( 0.31 seconds) Search Results Self-Representation Resource Guide Jan 13, 2009 ... "Self Represented Litigants and Court and Legal Services Responses to their Needs: What We ... Provides links to various legal hotlines for the elderly. ... Starting a Court-Based Self Help Center: 12 Core Resources. ... www.ncsconline.org/wc/CourTopics/ResourceGuide.asp?topic=ProSe - 61k - Cached - Similar pages - [PDF] ACTION PLAN TO ASSIST SELF-REPRESENTED LITIGANTS File Format: PDF/Adobe Acrobat - View as HTML San Francisco's Action Plan will serve self-represented litigants in San ... collection, traffic, guardianship issues, and court services for elders ... (a) We are currently providing most self-help services at the Civic Center ... Cooperative Restraining Order Clinic, Volunteer Legal Services Program and Eviction ... www.courtinfo.ca.gov/programs/equalaccess/documents/san_francisco.pdf - Similar pages - [PDF] Notes from the Mini White House Conference on Aging Session File Format: PDF/Adobe Acrobat - View as HTML The private bar is more involved in legal services for elders ... of legal assistance to self-represented litigants, including exploration of the role of ... www.whcoa.gov/about/des_events_reports/ Legal %20Services%20Min
Nye Frank

Nye Frank - 0 views

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    My Recent Bookmarks Friends' Recent Bookmarks Unread Bookmarks Bookmarks shared with me Recent Bookmarks X My Recent Bookmarks more » homicide case, administrative, exceptional Tags: homicide , case , closed , administrative , closure , exceptional about 3 hours ago Yahoo! News Search Results for supreme court cases elder victims of crime california legal assistance civil cases Tags: supreme , court about 3 hours ago Search Results - National Criminal Justice Reference Service Tags: Riverside , County , Corruption , publications , elder , abuse , court , system about 3 hours ago Topic - National Criminal Justice Reference Service Tags: crime , reference , service , victims , elders about 3 hours ago related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - Google Search Tags: self , litigation , courts , elders , pro , se , legal , clinic , how , to about 3 hours ago Friends' Recent Bookmarks more » Find your friends to share great findings and see what you have in common. Bookmarks shared with me more » Yon don't have shared bookmarks from your friends See My Friends » Friends Activities NO friends with recent activities. Invite Friends Now Recent Visitors to My Profile No recent visitors yet 4 unread bookmarks Bookmarks specially shared with me My Diigo Tools My Account Nye Frank View My Profile Edit my profile Edit my picture Invite Your Friends Adding friends will enable you to have more meaningful knowledge sharing and interaction. Invite friends » Download Toolbar Download New Diigo Toolbar Sponsored links
Nye Frank

Reinforcing the "blue wall of silence" - Why recent court decisions involving two whist... - 0 views

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    Dawn 10/24/2008 - 11:13am Riverside County Sheriff, Coroner, DA Rod Pacheco, the fire department all participated in a cover up. Even Victims Advocate in DA office lied and said there was not a elders advocate in the county. A 68 year old Senior Nye Frank was attacked by a 27 year old man. Ty Reddish has had professional wrestling training, adult base ball pitcher and a history of combative behavior. Sheriff originally told us not investigating because no injuries and it was a heart attack. We asked to meet with coroner and made a apppointment. To our surprise Special Investigator showed up and a Sargent from the Homicide investigation department. We had tried calling them for weeks. They would not let us talk to the pathologist, and would not take statments of other recent combative incidences of Ty Reddish with others living nearby. They would not release the sheriff report or autopsy. Finally with help of a National victims advocate and another call from a special investigator(they investigate misconduct} internal affairs stepped in to make the DA office release the reports. The day befor our family was told of the release a news paper guy from Press Enterprise called us . He said he felt we had a story. He informed us he had a copy of the autopsy. We were surprised as we were working actively to get one. We requested him to fax it to us . We met with him, told him our side. But he put in the newspaper front page 5 months after incident that it was a heart attack (autopsy says no heart attack) and a fist fight when only one person hit. DA prosecutor threatened to arrest 72 year old wife if we pursued the case. She was allowed to close the case as exceptional and moved from the Riverside County DA to San Bernardino. During a conversation with newsman he admitted prosecutor Daima Calhoun was his girl friends roommate. The corner has homicide with natural c
Nye Frank

unclaimed crime victim funds in riveriside county - Google Search - 0 views

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    1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 C
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    1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 CENT
Nye Frank

Illinois Pro Bono | Senior Citizens Handbook - Protection from Abuse and Neglect - 0 views

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    PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A
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    PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A
Nye Frank

Untitled - 0 views

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    Page 1 Page 2 1 3/8/05 Commentary on The Rules of Practice of the Court of Appeals 22 NYCRR part 500, Effective September 1, 2005 A. Structure The Rules of Practice of the Court of Appeals apply to civil and noncapital criminal appeals, motions, criminal leave applications and certified questions from the Supreme Court of the United States, United States courts of appeal and state courts of last resort. The Court of Appeals recently rescinded in its entirety 22 NYCRR part 500 and approved a new part 500 which will be effective September 1, 2005. In addition to reflecting substantive changes and additions to the old Rules of Practice, the new Rules are organized into broad categories to eliminate duplication and provide a more logical sequence. New Rules 500.1 through 500.8 set out requirements applicable to all filings under these Rules. New Rules 500.9 through 500.19 relate to civil and noncapital criminal appeals. New Rule 500.20 contains procedures concerning criminal leave applications. Motions are addressed in new Rules 500.21 through 500.24. Orders to show cause, the Primary Election Session and certified questions are addressed in new Rules 500.25, 500.26 and 500.27, respectively. Finally, old Rule 500.13, relating to real property actions, was deleted as unnecessary. Page 3 2 B. General Requirements 500.1 General Requirements [Old Rule 500.1] New Rule 500.1 states the general requirements for papers submitted to the Court of Appeals. The Rule generally applies to "papers filed," which is defined in section 500.1(b) as all briefs, papers filed pursuant to sections 500.10 (Examination of Subject Matter Jurisdiction) and 500.11 (Alternative Procedure for Selected Appeals), motion papers and appendices. The typeface and font requirements match those recently adopted by the Appellate Division Departments following repeal of the portion of CPLR 5529 that set out specifications for such matters. New Rule 500.1(h) informs self-represented litigants that illegibl
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    Page 1 Page 2 1 3/8/05 Commentary on The Rules of Practice of the Court of Appeals 22 NYCRR part 500, Effective September 1, 2005 A. Structure The Rules of Practice of the Court of Appeals apply to civil and noncapital criminal appeals, motions, criminal leave applications and certified questions from the Supreme Court of the United States, United States courts of appeal and state courts of last resort. The Court of Appeals recently rescinded in its entirety 22 NYCRR part 500 and approved a new part 500 which will be effective September 1, 2005. In addition to reflecting substantive changes and additions to the old Rules of Practice, the new Rules are organized into broad categories to eliminate duplication and provide a more logical sequence. New Rules 500.1 through 500.8 set out requirements applicable to all filings under these Rules. New Rules 500.9 through 500.19 relate to civil and noncapital criminal appeals. New Rule 500.20 contains procedures concerning criminal leave applications. Motions are addressed in new Rules 500.21 through 500.24. Orders to show cause, the Primary Election Session and certified questions are addressed in new Rules 500.25, 500.26 and 500.27, respectively. Finally, old Rule 500.13, relating to real property actions, was deleted as unnecessary. Page 3 2 B. General Requirements 500.1 General Requirements [Old Rule 500.1] New Rule 500.1 states the general requirements for papers submitted to the Court of Appeals. The Rule generally applies to "papers filed," which is defined in section 500.1(b) as all briefs, papers filed pursuant to sections 500.10 (Examination of Subject Matter Jurisdiction) and 500.11 (Alternative Procedure for Selected Appeals), motion papers and appendices. The typeface and font requirements match those recently adopted by the Appellate Division Departments following repeal of the portion of CPLR 5529 that set out specifications for such matters. New Rule 500.1(h) informs self-represented litigants that illegibl
Nye Frank

Superior Court of California, County of Riverside - Powered by Google Docs - 0 views

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    DA staff, DA victims advocate entire staff including manager, prosecutor, sheriff department, Court records, probation department, zero help from Attorney General, Fire Department, Internal affairs. The more corrupt they got promoted. Mike Rushton who was a homicide detective denied investigation, called a 40 year gap, elder zero history of fighting mutual combat, denied victims funds got promoted to a judge. The prosecutor (and head homicide) detective that the father of the killer tells how he got help high up in DA office also got promoted. Now in San Bernardino with the attorney that transfered a elders property to a friend of hers (maybe family???) instead of the elders child. She became trustee after his death it looks like on the title records and the deed is not his signature. What a team these two can make to prevent justice. Ty Reddish was on summary probation I asked the DA office to let the judge know. They did not do it so I wrote the head judge and asked to go to Ty Reddish probation hearing. He waited till afterwards and said we have to ask the DA. When there is zero oversight you get corruption just like we have. My mom and I have been denied all rights, services, even had the DA steal from my mom in keeping the Victims compensation . The Riverside County Supervisors looks like on web that they keep the money 3 years then claim it as unclaimed funds. That is not the purpose of the funds but there is no oversight. My dad was a famous race car builder and had a very good contract to build 3 off road pro trucks. Rod Pacheco was recently in news with it saying one of his promoters using elder funds for Rod Pacheco. The San Bernardino Care program is known for corruption and did not provide services for Nye who was 68. The killer of my dad stayed in jail 24 hours. He came out and stalked us and our neighbors with his family. The temp judge car seen there in the evenings. No criminal case number so I could not even start a lawsuit. After seeing how bad
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    Do not count on authorities to help in Elder Abuse. Help your family members by educating yourself and teaching the neighbors how to watch out for each other. My dad was killed in front of my mom in Riverside County. Systemic Corruption is not a big enough statement.
Nye Frank

In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the Federa... - 0 views

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    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
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    violence victims that are set forth in its Domestic Abuse Code. VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #22 Victims of crime should have rights at administrative proceedings, including the right to have a person of their choice accompany them to the proceedings, the right to input regarding the sanction, and the right to notification of the sanction. Agencies and institutions that seek to hold their employees or students accountable for their alleged criminal or negligent behavior often do so through administrative proceedings, including disciplinary hearings on college campuses in sexual assault cases and other crimes that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is accused of misconduct, which sometimes also constitutes a criminal act. These hearings are held to determine whether an employee or student should be dismissed or sanctioned. Victims often complain about their lack of rights and protections at these hearings. For example, at disciplinary hearings on college campuses and in schools, as well as administrative proceedings when criminal justice personnel are accused of conduct violations, victims are frequently not allowed such fundamental rights as the right to be accompanied by a person of their choice and the right to submit a victim impact statement before the offender is sanctioned.Agencies and institutions should review their disciplinary codes and ensure that From tribal police intervention to tribal court proceedings, the victims of violent crime in Indian country must have rights available to them. They must be informed of their rights, encouraged to exercise their rights, and be protected from further harm. This is the basic responsibility of a tribal criminal justice system. Joseph Myers, Executive Director, National Indian Justice Center In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the
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    * Substantial numbers of victims in states with both strong and weak protection were not notified of other important rights and services, including the right to be heard at bond hearings, the right to be informed about protection against harassment and intimidation, and the right to discuss the case with the prosecutor.44
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    While the majority of states mandate advance notice to crime victims of criminal proceedings and pretrial release, many have not implemented mechanisms to make such notice a reality.
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    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #6 Victims and witnesses of crime should have the right to reasonable protection, including protection from intimidation. The safety of victims and witnesses should be considered in determining whether offenders should be released from custody prior to completing their full sentence. The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of public and law enforcement attention. Justice officials report an increase in the harassment and intimidation of witnesses, making it increasingly difficult to obtain convictions because crime victims and witnesses are afraid to testify.63 Legislatures have attempted to address this problem by mandating "no contact" orders as a condition of pretrial or posttrial release. In addition, victims' bills of rights generally require victims to be notified at the outset of the judicial process about legal action they can take to protect themselves from harassment and intimidation.
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    Congress made restitution mandatory in federal criminal cases involving violent crimes with the enactment of the Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act.73
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    All crime victims should have the right to a full range of services and support to help them recover physically, psychologically, and in practical ways from the effects of crime, whether or not they report the crime or become involved in related criminal prosecutions or juvenile adjudications. In the aftermath of victimization, victims may have many different needs.Victims who report crime need information, assistance and protection when they choose to participate in the criminal and juvenile justice process. Not only should victims have the right to be heard or consulted in decisions that affect them, but they should receive protection if they are witnesses and transportation to and from legal proceedings.
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    Victims should have standing to enforce their rights, and sanctions should be applied to criminal and juvenile justice professionals who deny victims their fundamental rights
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    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #19 States and the federal government should create compliance enforcement programs, sometimes referred to as victim ombudsman programs, to help facilitate the implementation of victims' rights. 29 Chapter 1: Victims' Rights State victims' rights compliance enforcement programs oversee justice officials' and agencies' compliance with crime victims' statutory and constitutional rights and investigate crime victim complaints relevant to those rights being violated.93 A few states have created such programs within an existing agency or have established a new, statelevel oversight authority. In initiating such a program, officials should consider the importance of meaningful remedies and sanctions for noncompliance with victims' rights laws; and ensure that victims, victim service providers, advocacy groups, and victim-sensitive justice professionals are involved in the program planning process. In addition, justice agencies should consider increasing crime or court surcharges to support a compliance enforcement functions, and should evaluate overall compliance enforcement system. Innovative approaches to victims' rights oversight have been implemented in several states: * The Minnesota Office of the Crime Victims Ombudsman (OCVO) protects the rights of victims by investigating statutory violations of victims' rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged violations, recommend corrective action, and make its findings public to both the legislature and the press. * The South Carolina Office of the Crime Victims' Ombudsman is empowered to act as a referral entity for victims in need of services, a liaison between victims and the criminal and juvenile justice systems in the course of their interaction, and a resolver of complaints made by victims against elements of those systems and against victim assistance programs. In
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    The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."
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    Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).
Nye Frank

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shared by Nye Frank on 07 Apr 09 - Cached
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    The National Center for State Courts, working alongside the members of the Elder Abuse and the Courts Working Group, is involved in a number of follow-up activities to develop services the courts can use. For more information on the Elder Abuse and the Courts Working Group, con-tact Brenda Uekert, Ph.D. (buekert@ncsc.dni.us) of NCSC's Research and Technol-ogy Division. -------------------------------------------------------------------------------- Page 3 3Courts looking for the latest information on ways to improve jury service can turn to a new edition of Jury Trial Innovations (JTI), the National Center for State Courts' best-selling guide to techniques used nationwide to make jury service more appealing to the public and to help jurors become more effective decision makers. This new edition was updated by G. Thomas Munsterman and Paula L. Hannaford-Agor, of NCSC's Center for Jury Studies, and G. Marc White-head, chair of the Jury Initiatives Task Force of the American Bar Association's Section of Litigation, who were editors of the original edition published in 1997.This new edition looks at innova-tions courts have tried in the decade since the first edition was published, especially those involving the model of "the interactive juror"-that is, innovations focused on how jurors organize information, how to keep jurors actively involved in trial proceedings, The new edition of Jury Trial Innovations will be available in July 2006 and can be ordered through NCSC's online bookstore accessible through the "Communications" page on NCSC's Web site (www.ncsconline.org).NCSC Updates Jury Trial Innovationsand how jurors test what they see and hear against their own beliefs and values. After exploring "How Jurors Make Decisions: The Value of Trial Innovations," JTI discusses innovations in six areas:1. Jury Administration and Management 2. Voir Dire3. Pretrial Management4. Trial Procedures5. Jury Instructions and Deliberations6. Post-Verdict Co
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