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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

foia damages, tort No. 03-1395: Doe v. Tenet - Appendix (Petition) - 0 views

  • While Totten and Reynolds are closely related in that both protect a state secret from disclosure, the rules announced in those cases differ in subtle but important respects. Most importantly, the state secrets privilege in Reynolds permits the government to withhold otherwise relevant discovery from a recognized cause of action (e.g., an FTCA case), while the Totten doctrine permits the dismissal of a lawsuit because it is non-justiciable before such evidentiary questions are ever reached.
  • In Kasza, we relied on the Reynolds rule that "the state secrets privilege is a common law evidentiary privilege that allows the government to deny discovery of military secrets." Id. at 1165. After reviewing the applicable law, we reasoned that the application of the state secrets privilege can have different effects, depending on whether it is used to exclude evidence or to dismiss a cause of action. Id. at 1166. First, we found that the government's invocation of the privilege over particular evidence may completely remove the evidence from the case. Id. If a plaintiff cannot make out her prima facie case without the secret evidence, the court may dismiss her claim. Id. Second, the privilege may deprive a defendant of information that would otherwise give the defendant a valid defense to the claim. Id. In these cases, the court may grant summary judgment to the defendant. Id.
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    IFurther, Weinberger concerned in the main an explicit statutory exemption to the Freedom of Information Act ("FOIA"). See Weinberger, 454 U.S. at 144, 102 S. Ct. 197. FOIA analysis is governed strictly by statute, while the state secrets privilege is governed solely by judge-made law. Also, FOIA cases involve a determination of what information can be released to the public without any restriction on the information's dissemination. In contrast, the state secrets privilege governs what material can be used by individual litigants who need such information to make their cases, under such restrictions of access as may be necessary, including in camera review, closed proceedings, and sealed records. Weinberger therefore dealt principally with the substantive question whether the sensitive material at issue could be made public and only as a subsidiary matter with the handling of that material within the confines of litigation. Weinberger did refer to Totten at the end of the opinion as an explanation, by analogy, concerning why the National Environmental Policy Act ("NEPA") inquiry could not go forward in court. It also referred, however, in the same context, to Reynolds, the seminal state secrets privilege case. Weinberger, 454 U.S. at 147, 102 S. Ct. 197. The brief reference to Totten in Weinberger therefore cannot be read as prescribing the application of Totten without regard to the later-developed state secrets privilege doctrine, and Kasza evidently did not so read it. We therefore conclude that Totten is applicable to the case before us only as applied through the prism of current state secrets doctrine. C. To invoke the state secrets privilege, a formal claim of privilege must be "lodged by the head of the department which has control over the matter, after actual personal consideration [of the evidence] by that officer." Reynolds, 345 U.S. at 7-8, 73 S. Ct. 528 (footnotes omitted); see also Kasza, 133 F.3d at 1165. After that, "[t]he court itself
Nye Frank

Victim Rights Manual - 0 views

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    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
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