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Nye Frank

YouTube - Nye Frank Racing# - 0 views

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    Riverside County covered a Elder Homicide of Nye Frank for a friend.
Nye Frank

COURT OF APPEALS STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE Minutes of a meeting of the Rules Committee held in - 0 views

  • udge Kaplan commented that at-will employees who have been discharged from working for the State government use mandamus, since there is no appeal authorized for an at-will employee who has been wrongfully discharged. Mr. Sykes pointed out this would come under regular mandamus, which is applicable when there is no record. When an agency makes a final decision affecting the rights of parties, an appeal is effected by administrative mandamus if there is no statutory right of appeal.
  • Mr. Gohn noted that he did not believe that under administrative or regular mandamus, there would be the necessity to file the entire file. Ms. Baron may have been looking at the certiorari rule, which does not apply.
Nye Frank

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

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

27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a - Google Search - 0 views

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    le Advanced Search Preferences Web Hide optionsShow options... Results 1 - 10 of about 161 for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. (0.55 seconds) Search Results Results include your SearchWiki notes for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. Share these notes Copy and paste this link into an email or IM: See a preview of the shared page 1. STOP ELDER ABUSE - SUPPORT VICTIMS ACT- HR 448 - The Petition Site To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.thepetitionsite.com/.../support-the-elder-abuse-victims-act---hr-448 - Cached - Similar - 2. Stop Elder Abuse - PASS Elder Abuse Victims Act HR 448 - The ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid .... 2:27 pm PDT, Jun 26, Susanne Prahl, Wisconsin Elder Abuse must be addressed! ... www.thepetitionsite.com/.../stop-elder-abuse---pass-elder-abuse-victims-act-hr-448 - Cached - Similar - 3. H.R.448: Elder Abuse Victims Act of 2009 - U.S.... OpenCongress To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.opencongress.org/bill/111-h448/show - Cached - Similar - 4. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin
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    le Advanced Search Preferences Web Hide optionsShow options... Results 1 - 10 of about 161 for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. (0.55 seconds) Search Results Results include your SearchWiki notes for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. Share these notes Copy and paste this link into an email or IM: See a preview of the shared page 1. STOP ELDER ABUSE - SUPPORT VICTIMS ACT- HR 448 - The Petition Site To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.thepetitionsite.com/.../support-the-elder-abuse-victims-act---hr-448 - Cached - Similar - 2. Stop Elder Abuse - PASS Elder Abuse Victims Act HR 448 - The ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid .... 2:27 pm PDT, Jun 26, Susanne Prahl, Wisconsin Elder Abuse must be addressed! ... www.thepetitionsite.com/.../stop-elder-abuse---pass-elder-abuse-victims-act-hr-448 - Cached - Similar - 3. H.R.448: Elder Abuse Victims Act of 2009 - U.S.... OpenCongress To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.opencongress.org/bill/111-h448/show - Cached - Similar - 4. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin
Nye Frank

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

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

FEDERAL RULES EVIDENCE - 0 views

  • Rule 201. Judicial Notice of Adjudicative Facts (a) Scope of rule.—This rule governs only judicial notice of adju- dicative facts. (b) Kinds of facts.—A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2
  • capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned
Nye Frank

Duke Law Journal: Krista M. Enns, Can A California Litigant Prevail In An Action For Legal Malpractice Based On An Attorney's Oral Argument Before The United States Supreme Court?, 48 Duke L. J. 111 (1998) - 0 views

  • Part IV acknowledges the tension between the difficulty of proving causation in legal malpractice actions and one of the goals of legal malpractice, which is to allow litigants recovery when their attorneys are negligent. The part then considers the "loss of chance" doctrine, which is used in medical malpractice cases, as a possible alternative to the rigorous "but for" causation requirement in legal malpractice. Since a shift away from the "but for" standard is likely to cause more problems than it solves, and because adequate protections already exist for litigants, Part IV argues that the current causation requirements should be maintained for litigants who allege that they suffered an injury during Supreme Court oral argument. [*pg 115]
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      that lawyers with previous experience before the Court prevail "substantially more often."57 Data from the Solicitor General's office also support this theory http://www.law.duke.edu/shell/cite.pl?48+Duke+L.+J.+111
  • The opportunity to convince [the Justices] of the merits of your position is at its highpoint."47
  • See 3 MALLEN & SMITH, supra note 15, § 29.41, at 772 ("In presenting the underlying appeal in the subsequent legal malpractice action, the parties must specify the issues that should have been urged in the underlying action."). Failure to specify the issues is a failure to prove causation. See id. 146. See infra note 151 and accompanying text. 147. See Smith v. Lewis, 530 P.2d 589, 595 (Cal. 1975). 148. See Lysick v. Walcom, 258 Cal. App. 2d 136, 153 (Ct. App. 1968). The attorney's action need not be the sole cause of the client's loss, just a substantial factor. See id. at 153 n.7. 149. See infra note 213 and accompanying text.
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      Results 1 - 10 for Federal Rules of Civil and Criminal Procedure with Safesearch on. (0.23 seconds) Ads by Google Federal Criminal Rules Federal Criminal Code and Rules 2009 Edition, $75.65 Free shipping. West.Thomson.com Local Court Rules For Lawyers - Find Current Law Requirements For US Courts! www.SmartRules.com/California Los Angeles, CA Federal civil procedure The FRCP and E-Dsicovery Free white paper here! ClearwellSystems.com California Tax Jackson Hewitt File Your Tax Free with E-File Tax Preperation Only As Low as $20 secure.jacksonhewitt.com/loc Los Angeles, CA Compliance with FRCP Legal grade email archiving system from MX Logic helps with compliance www.mxlogic.com Criminal Laws Expert in DUI, Drugs, Theft & More. 13 Yrs Criminal Defense. Call Now. www.SoCalCriminalLawyer.com Los Angeles, CA Buy the Book from Amazon Criminal law and procedure Free Shipping Avail. Aff www.amazon.com Federal Criminal Charges Federal Criminal Defense Firm Call If Feds Are Coming After You. McNabbAssociates.com Instant Criminal Records $18.95 Easy, Accurate, Confidential The Definitive Criminal Database IntegraScan.com California Custom Search Federal RulemakingFederal Rules of Civil Procedure (modified w/hyperlinks & bookmarks)(PDF). Federal Rules of Criminal Procedure (modified w/hyperlinks & bookmarks)(PDF) ... www.uscourts.gov/rules/newrules4.html LII: Federal Rules of Criminal ProcedureFederal Rules of Criminal Procedure (2009). (incorporating the amendment that took effect Dec. 1, 2008). I. APPLICABILITY. II. PRELIMINARY PROCEEDINGS ... www.law.cornell.edu/rules/frcrmp/ The United States House of Representatives Committee On The JudiciaryJurisdiction over measures relating to law, courts and judges, Constitutional amendments, immigration, patents and trademarks, interstate compacts, ... judiciary.house.gov/ Legal Information Institute at Cornell Law SchoolUpdates for Federal Rules: Evidence (Sept. 19, 2008), Civil Procedure, Criminal
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    that lawyers with previous experience before the Court prevail "substantially more often."57 Data from the Solicitor General's office also support this theory http://www.law.duke.edu/shell/cite.pl?48+Duke+L.+J.+111
Nye Frank

Oregon Judicial Department Appellate Court Opinions - 0 views

shared by Nye Frank on 21 Apr 09 - Cached
  • We pause to recall our standard of review. We review the denial of a motion to suppress for errors of law, deferring to the trial court's findings of historical fact when there is evidence in the record to support them. Ehly, 317 Or at 75.
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      standard of review motion to supress
Nye Frank

California Public Records Act - 0 views

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

DISTRICT ATTORNEY CORRUPTION?: TWO VIEWS ON DA COOLEY'S RECORD - 0 views

shared by Nye Frank on 17 May 09 - Cached
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    look in you tube under riverside county da, Riverside County Sheriff and Coroner refused to give the Frank family the autopsy and Sheriff report. Told Lee Frank she had to wait one year for the reports. When the family complained to Chief Deputy DA Mike Rushton now a judge he sealed the autopsy. A national victim org had to call Mike Rushton and tell him that was illegal.
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