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Nye Frank

Law School Outline - Constitutional Law - NYU School of Law - Pildus - 0 views

www.docstoc.com/...-NYU-School-of-Law---Pildusdoc

mandamus judicial discretion

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    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
  • Nye Frank on 29 Jul 09
     
    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
  • Nye Frank on 29 Jul 09
     
    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
Nye Frank

Victim Rights Manual - 0 views

209.85.173.132/search

crime victims rights disclosure foia manual

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    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
Nye Frank

THE CANADIAN INSTITUTE Litigating Personal Injury Damages DAMAGES FOR EMOTIONAL DISTRES... - 0 views

209.85.173.132/custom

tort emotional pain

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389
  • ...4 more comments...
  • Nye Frank on 23 Apr 09
     
    In addition, the7judicial system has proven time and again the capacityto differentiate between deserving cases andgroundless actions. The appropriate response, when concerned about fraudulent lawsuits, is avigorous pursuit of the truth, not in the abdication of judicial responsibility.8 -------------------------------------------------------------------------------- Page 5 Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for "nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant."See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable p
  • Nye Frank on 23 Apr 09
     
    In addition, the7judicial system has proven time and again the capacityto differentiate between deserving cases andgroundless actions. The appropriate response, when concerned about fraudulent lawsuits, is avigorous pursuit of the truth, not in the abdication of judicial responsibility.8 -------------------------------------------------------------------------------- Page 5 Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for "nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant."See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psyc
  • Nye Frank on 23 Apr 09
     
    A claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for "nervous shock". Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant'snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psychiatric illness.12 -------------------------------------------------------------------------------- Page 6 McLoughlin v. Arbor Memorial Services Inc. [2004] O.J. No. 5003.13Enunciated by the House of Lords in White v. Chief Constable of South Yorkshire, [1998] 314W.L.R. 1509 (H.L.), and approved by MacPhearson J.A. in Vanek v. Great Atlantic and Pacific Companyof Canada Limited (1999) 48 O.R. (3d) 228 (O.C.A.).Ibid.15A.What is meant by "foreseeable"?Foreseeability has generally been interpreted as what a "reasonable person" would foresee.In thecontext of an accident,foreseeableemotional distress meanspsychiatricinjuryas areasonablyforeseeable consequence of exposure to the trauma of the accident and its aftermath.13In general, the law expects its citizens to be reasonably robust and hesitates to imposeliabilityfor the exceptional frailtyof certain individuals. Before beingheld to be in breach of a dutyto an accident bystander, a defendant must have exposed him to a situation where it was reasonablyforeseeablethat apersonof reasonable robustness andfortitudewouldbelikelyto suffer psychiatricinjury.14The Ontario Court of Appeal addressed this issue in Vanek v. Great Atlantic & Pacific Co.Of Canada Limited ("Vanek"). In this case, an 11-year-old girl consumed a small amount of foul15tasti
  • Nye Frank on 23 Apr 09
     
    Even where the plaintiff has suffered a psychiatric illness triggered by the defendant'sinabilityto fulfil adutyofcare, thecourts willsometimes denyliabilityiftheindividual's psychiatricdamage is a result of their own particular "hypersensitivity". The courts like to use, as a baseline,18the ordinary person of reasonable mental fortitude. Where this fictional individual would notnormally suffer psychiatric damage, a uniquely vulnerable person who does suffer damage wouldbe barred from recovery
  • Nye Frank on 23 Apr 09
     
    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
  • Nye Frank on 23 Apr 09
     
    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
Nye Frank

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

74.125.155.132/search

safe way for victims to report criminal

shared by Nye Frank on 29 Jul 09 - Cached
  • 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
  • Nye Frank on 29 Jul 09
     
    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 on 29 Jul 09
     
    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 on 29 Jul 09
     
    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

questions documents statement of fact for summary judgement. - 0 views

wyomcases.courts.state.wy.us/...deliverdocument.asp

victim statement of fact for summary judgement

shared by Nye Frank on 21 Apr 09 - Cached
  • Nye Frank on 21 Apr 09
     
    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
Nye Frank

Winter, Thus, a request for information under the Freedom of Information Act n49 is a j... - 0 views

www.constitution.org/...winter_standing.htm

standing selfgovernance

shared by Nye Frank on 31 Jul 09 - Cached
  • The democracy conundrum The most appealing justification of standing law is that, in preserving the separation of powers, it protects the majoritarian political process from undue intrusion by the unelected judiciary. But not all issues are amenable to the political process. All too often, the inevitable consequence of a decision denying standing is "that the most injurious and widespread Governmental actions c[an] be questioned by nobody." n60 In those cases, standing law undermines the notion of accountability that supports a constitutional system premised on the rule of law. In Sections VI C and D, I propose a means of recapturing these values.
  • Nye Frank on 31 Jul 09
     
    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.
  • ...5 more comments...
  • Nye Frank on 31 Jul 09
     
    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
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    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
  • Nye Frank on 31 Jul 09
     
    Thus, a request for information under the Freedom of Information Act n49 is a justiciable controversy even without the usual showing that the person has suffered any "palpable injury." n50
  • Nye Frank on 31 Jul 09
     
    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
  • Nye Frank on 31 Jul 09
     
    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
Nye Frank

nye frank drag racing, craig breedlove - Google Search - 0 views

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Nye Frank Drag Racing Land speed cars

shared by Nye Frank on 16 Sep 09 - Cached
  • Nye Frank on 16 Sep 09
     
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Nye Frank

conspiracy case 99-6050 -- U.S. v. Rahseparian -- 11/07/2000 - 0 views

209.85.173.132/search

conspiracy case

shared by Nye Frank on 22 Apr 09 - Cached
  • Nye Frank on 22 Apr 09
     
    SEYMOUR , Chief Judge. After a joint jury trial, co-defendants Ardashir (aka Ardie) and Daryoush (aka Steve), along with Jalal (aka Jack) Rahseparian, were convicted of conspiracy to commit mail fraud, mail fraud, and money laundering. All three appealed. Jack's appeal is addressed in the companion opinion, see United States v. Rahseparian, No. 99-6031 (Nov. 7, 2000). Ardie contends on appeal that the evidence is insufficient to sustain his conviction. Ardie and Steve contend a new trial is necessary due to the prosecutor's comment on their failure to testify in violation of Griffin v. California, 380 U.S. 609 (1965). Steve further claims a new trial is required because of certain incriminating hearsay statements elicited by the prosecutor in violation of Bruton v. United States, 391 U.S. 123 (1968). We affirm. I BACKGROUND Ardie and Steve Rahseparian are the sons of Jack Rahseparian. At the time of the conduct for which they were charged, Steve resided in Altoona, Pennsylvania, Ardie resided in Fort Smith, Arkansas, and Jack resided and worked in Shawnee, Oklahoma. The government contended at trial that Ardie and Steve Rahseparian formed Genesis Marketing, a telemarketing company, through which they and their father conspired to commit and did commit mail fraud from May 1994 to May 1995. The government further successfully argued that Ardie, Steve, and Jack Rahseparian laundered the proceeds from the telemarketing scheme through Jack's business checking accounts. Brad Russell, the company's only employee other than the Rahseparians themselves, testified on behalf of the government. Mr. Russell was a personal friend of Ardie. The two worked out of Ardie's apartment in Fort Smith as the sole telemarketers for Genesis Marketing. Mr. Russell testified that he and Ardie would entice customers over the telephone to buy products, such as water purifiers and "Say No to Drugs" kits, at highly inflated pric
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federal statutes Honorable Dirk Kempthorne , James E. Cason, Secretary of the Interior ... - 0 views

74.125.155.132/search

42 USC civil rights violations

shared by Nye Frank on 27 Jul 09 - Cached
  • Nye Frank on 27 Jul 09
     
    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
  • Nye Frank on 27 Jul 09
     
    Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa
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74.125.155.132/search

appeal motion rule

shared by Nye Frank on 02 Aug 09 - Cached
  • Nye Frank on 02 Aug 09
     
    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 on 02 Aug 09
     
    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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Illinois Pro Bono | Senior Citizens Handbook - Protection from Abuse and Neglect - 0 views

www.illinoisprobono.org/index.cfm

senior handbood

shared by Nye Frank on 30 Jul 09 - Cached
  • Nye Frank on 30 Jul 09
     
    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 on 30 Jul 09
     
    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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http://www.cops.usdoj.gov/files/RIC/Publications/promoting%20effective%20homicide%20inv... - 0 views

www.cops.usdoj.gov/...0homicide%20investigations.txt

homicide exceptional close case clearance 20homicide 20effective

shared by Nye Frank on 02 Aug 09 - Cached
  • Nye Frank on 02 Aug 09
     
    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
  • Nye Frank on 02 Aug 09
     
    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
Nye Frank

http://picasaweb.google.com/data/feed/base/user/crystalfinancial/albumid/52407764893005... - 0 views

picasaweb.google.com/...5240776489300520065

Riverside County Corruption

shared by Nye Frank on 07 Mar 09 - No Cached
  • Nye Frank on 07 Mar 09
     
    Your subscribed feeds are not being updated automatically because this setting is turned off. Turn on automatic feed updates You've successfully subscribed to this feed! Updated content can be viewed in Internet Explorer and other programs that use the Common Feed List. View my feeds You've successfully subscribed to this feed! Riverside County DA Rod Pacheco Corruption Coverup, Sheriff, Fire Department, Coroner You are viewing a feed that contains frequently updated content. When you subscribe to a feed, it is added to the Common Feed List. Updated information from the feed is automatically downloaded to your computer and can be viewed in Internet Explorer and other programs. Learn more about feeds. Subscribe to this feed Riverside County DA Rod Pacheco Corruption Coverup, Sheriff, Fire Department, Coroner Wednesday, December 31, 2008, 3:37:40 AM 92220 Homicide, Nye Frank, murdered by Ty Reddish has a combative personality. He is a trained fighter. He looked crazy on drugs the day Nye attacked. The Sheriff and DA prosecutor D. Calhoun did not drug test him. Ty said he used two signature choke holds on Nye. The Sheriff report says he did not intend to hurt Nye. Ty has a history of violence in the neighborhood. Wednesday, December 31, 2008, 3:37:40 AM Date: Aug 5, 2007 9:47 AM Number of Comments on Photo:2 View Photo IMG_5860.JPG homicide -Ty Reddish new home two doors from 73 year old Lee Frank who witnessed Ty strangle her husband in front of Ty's New House. Riverside County just gave Ty Reddish 90,000 to buy this because he did not have fire insurance. They are letting him put this home up 2 houses from Lee Franks new home that her dead husband built her. Mike Rushton and Sheriff Sniff let Ty out of jail without bail, without drug testing to follow and harass and intimidate any visitor. This is illegal except if you are Rod Pacheco and Mike Rushton and their Ol boys group. Attorney general has refused to help, the adult prot
  • Nye Frank on 08 Mar 09
     
    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
  • Nye Frank on 13 Mar 09
     
    Land speed record holders Craig Breedlove, Lee Breedlove-Frank, Lee stil holds the record in a four wheel jet car. She went the required both directions. Lee my mom wanted to go faster by Goodyear and Shell were afraid it would be bad news if something happened to her.
Nye Frank

Center Court - 0 views

209.85.173.132/custom

shared by Nye Frank on 07 Apr 09 - Cached
  • Nye Frank on 07 Apr 09
     
    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
Nye Frank

Position Outline for Elder Abuse Policy (Rough Draft) - 0 views

74.125.155.132/search

district attorney elder draft rough

shared by Nye Frank on 27 Jul 09 - Cached
  • 29 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p. 94. 30 NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.3, p. 93. 31 See NATIONAL PROSECUTION STANDARDS, (2 nd ed. 1991), Standard 26.7, p.92
  • Nye Frank on 27 Jul 09
     
    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
  • Nye Frank on 27 Jul 09
     
    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
Nye Frank

1966 Craig & Lee Breedlove Speed Record Goodyear Org Ad - eBay (item 150310196061 end t... - 0 views

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Craig Breedlove Lee Breedlove-Frank Land speed record holders jet car

shared by Nye Frank on 13 Mar 09 - Cached
  • Nye Frank on 13 Mar 09
     
    Sign in or register Site Map Categories Motors Stores Advanced Search Buy Sell My eBay Community Help ##1## ##2## Back to home page Listed in category: Collectibles > Advertising > Automobiles > Other 1966 Craig & Lee Breedlove Speed Record Goodyear Org Ad Item number: 150310196061 Buyer or seller of this item? Sign in for your status Watch this item in My eBay This item has been added to My eBay for Guests. As a guest, you can: Track up to 10 items on this computer in My eBay Receive an email reminder for this item a few hours before it ends View larger picture price: US $10.00 Buy It Now > Immediate payment required Make Offer > Deal alert: Less than $20 per item, including US shipping. -------------------------------------------------------------------------------- Shipping: US $5.00 US Postal Service Priority Mail® Service to United States (more services) Ships to: Worldwide Item location: Hill Country, Texas, United States Quantity: 1 available History: Purchases -------------------------------------------------------------------------------- You can also: Bid with Bid Assistant Get SMS or IM alerts | Email to a friend Listing and payment details: HideShow Payment methods: PayPal (preferred) See details Meet the seller Seller: collectorcarcentral( 549) Feedback: 100 % Positive Member: since Jul-27-04 in United States See detailed feedback Ask seller a question Add to Favorite Sellers View seller's other items: Store | List Visit seller's Store: collectorcarcentral Contact the seller instantly Buy safely 1. Check the seller's reputation Score: 549 | 100% Positive See detailed feedback 2. Check how you're protected
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  • Nye Frank on 13 Mar 09
     
    Land speed record holders Craig Breedlove, Lee Breedlove-Frank
  • Nye Frank on 13 Mar 09
     
    Land speed record holders Craig Breedlove, Lee Breedlove-Frank, Lee stil holds the record in a four wheel jet car. She went the required both directions. Lee my mom wanted to go faster by Goodyear and Shell were afraid it would be bad news if something happened to her.
  • Nye Frank on 13 Mar 09
     
    Good year ad for jet car for Craig Breedlove, Lee Breedlove-Frank
Nye Frank

standard of review evidence in elder homicide, victims rigtht to trial over 65 - Google... - 0 views

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victims over 65 evidence

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  • Nye Frank on 21 Apr 09
     
    Did you mean: standard of review evidence in elder homicide, victims right to trial over 65 Search Results[DOC] Chapter 3 - 5 visits - Jan 3File Format: Microsoft Word - View as HTML For victims and survivors of violent crime and for homicide victims for current and ... Claimants use the compensation funds over the long term. ... of victim population groups for whom speedy trial rights are particularly important. ..... Elder protection programs that assist victims of elder abuse and neglect. ... https://www.ovcttac.gov/nvaa2008/documents/participants_text/03%20Basic%20Victims'%20Rights.doc - Similar pages - [PPT] Responding to Crimes Against Elder Victims: A Program for TrainersFile Format: Microsoft Powerpoint - View as HTML Others with highest percentages of folks over 65 are: ..... Found incompetent to stand trial and dangerous to self and others ... Standards. Civil v. Criminal. APS/Law Enforcement. Victim/Client .... Homicide and the ME refused to come to the scene. Evidence .... Right from wrong, truth vs.. lie, suggestibility ... elder.law.stetson.edu/Professionals/crimeprevention_powerpoints/Elder%20Abuse%20Trainer%20package.ppt - Similar pages - Homicidal smothering: vital histological confirmation of orofacial ...Apr 29, 2008 ... evidence in the subsequent criminal trial. Discussion ... Although homicides in those over 65 years ... be feasible and morphology was excellent using standard ... homicide victims: a 10-year medical examiner review. J Forensic ... elderly homicide victims in New York City. Am J Public Health. ... www.springerlink.com/index/q87305r037563323.pdf - Similar pages - by SM Wills - Related articles Hill v. State 124 Nev. Adv. Op. No. 52 (2008)Jul 24, 2008 ... The trial jury found Hill guilty and the district court imposed a sentence of life ... Standard of review. In Dettloff v. State, we noted that it is ... important procedural rights if there is substantial evidence in the ... and for committing a crime against an eld
Nye Frank

Search | MercuryNews.com Forums - 0 views

forums.mercurynews.com/...Riverside+county

prosecutor Riverside County

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  • Nye Frank on 19 Apr 09
     
    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
Nye Frank

Department of Justice guidelines state that "A law enforcement agency clears a crime by... - 0 views

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homicide closure exceptional administratively

shared by Nye Frank on 08 Mar 09 - No Cached
  • Nye Frank on 08 Mar 09
     
    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
  • Nye Frank on 08 Mar 09
     
    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
Nye Frank

FAMED BUILDER NYE FRANK DIES | Article from Dirtsports | HighBeam Research - 0 views

www.highbeam.com/...1P3-1386903451.html

Nye Frank Racing

shared by Nye Frank on 07 Mar 09 - Cached
  • Magazine article from our research archive: FAMED BUILDER NYE FRANK DIES Article from: Dirtsports Article date: October 1, 2007 Author: document.writeln('Anonymous');document.getElementById('ctl00_ph_ctl00_ArticleMain_AuthorLinks_ctl01_lnkAuthor').title='Anonymous' Anonymous | Copyright informationCopyright Advanstar Communications, Inc. Oct 2007. Provided by ProQuest LLC. (Hide copyright information) Famed off-road builder Nye Frank passed away on August 5, 2007. Frank, who was 68 years old and considered by many to be one of the greatest motorsports builders of all time, died after an altercation with a 27-year-old neighbor. Frank had walked back to his Twin Pines, Calif., home with his wife after the event but was later found to be unresponsive. Paramedics were called and performed CPR, but efforts to revive him failed and Frank was pronounced dead a short-time later. Frank worked on everything from the famous Freight Train AA drag racer to Craig Breedlove's land-speed cars to Indy cars, and was associated with names such as Mickey ... Read all of this article with a FREE trial Related newspaper, magazine, and journal articles:
  • Nye Frank on 07 Mar 09
     
    FAMED BUILDER NYE FRANK DIES Article from: Dirtsports Article date: October 1, 2007 Author: Anonymous | Copyright information Copyright Advanstar Communications, Inc. Oct 2007. Provided by ProQuest LLC. ( Hide copyright information ) Famed off-road builder Nye Frank passed away on August 5, 2007. Frank, who was 68 years old and considered by many to be one of the greatest motorsports builders of all time, died after an altercation with a 27-year-old neighbor. Frank had walked back to his Twin Pines, Calif., home with his wife after the event but was later found to be unresponsive. Paramedics were called and performed CPR, but efforts to revive him failed and Frank was pronounced dead a short-time later. Frank worked on everything from the famous Freight Train AA drag racer to Craig Breedlove's land-speed cars to Indy cars, and was associated with names such as Mickey ... Read all of this article with a FREE trial Related newspaper, magazine, and journal articles:
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