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Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue as to any material fact. Prior to its introduction in the US in 1934, it was used in England for more than 50 years. In England motions for summary judgments were used only in cases of liquidated claims, there followed a steady enlargement of the scope of the remedy until it was used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage. English Rules Under the Judicature Act (The Annual Practice, 1937) O. 3, r. 6; Orders 14, 14A, and 15; see also O. 32, r. 6, authorizing an application for judgment at any time upon admissions. New York was a leader in the adoption of this rule in the US and the success of the method helps account for its current importance as an almost indispensable tool in administrative actions (especially before the Equal Employment Opportunity Commission which adjudicates employment discrimination claims and the Merit Systems Protection Board which adjudicates federal employment matters).[2]

(G) any right to a preliminary hearing under Rule 5.1, and the general circumstances, if any, under which the defendant may secure pretrial release. (3

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

While for most programs fund recovery is a minor source of total income , a few programs are beginning to recover close to 10% of their awards. VOCA . Federal funds provide about 20-25% of the state compensation programs' total budgets, through grants authorized by the Victims of Crime Act of 1984 (VOCA). Under VOCA, for every $100 a state awards to victims, it gets $40 in federal funds to spend; this results in a 72%-to-28% split in state-federal dollars spent each year (of every $140 awarded to victims, $100 is state money and $40 is federal funds). States also must bear all or nearly all of the administrative costs for operating their programs (only 5% of each state's VOCA grant is available for administrative purposes). While the large majority of funds spent in operating the programs and paying victims comes from state budgets, VOCA grants have enabled many states to expand coverage, and they make a significant difference in ensuring that there is enough money available to cover all eligible victims that may apply. VOCA will provide about $70 million to state compensation programs in federal fiscal year 1999. To be eligible for a federal grant, certain conditions must be met. Programs must cover medical expenses, mental health counseling, and lost wages for victims, as well as funeral expenses and lost support for families of homicide victims. They must consider drunk driving and domestic violence as compensable crimes, and must not categorically exclude domestic violence victims on the basis of their being related to or living with the offender. (Programs may deny claims when an award to the victim would unjustly enrich the offender.) Program must agree to consider for eligibility all U.S. citizens who are victims of crimes within their states, regardless of the residency of the victim . Each state also must offer benefits to its own residents who are victimized in states without compensa

III. SUMMARY JUDGMENT STANDARDSummary judgment is proper if 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 whether5genuine issues of material fact exist, the Court determines whether a reasonable jury could returna verdict for the nonmoving party in the face of all the evidence presented. The Court is required6to construe all facts and reasonable inferences in the light most favorable to the nonmoving party.

Joe Banana So. Cal. Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit.

Nye Frank Racing Posted: 10:54 pm [PST] on March 22 2009 Another shining example of government at it's most corrupt. www.jail4judges.org Dawn Banning CA Posted: 11:09 pm [PST] on October 14 2008 http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help. The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and victim said looked like on drugs. Riverside County Internal Affairs -When I complained they said they can no longer talk to me. Dawn Banning CA Posted: 05:06 am [PST] on October 10 2008 Dawn said: Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit. feed:/