1 d pretrial motion practice marshall hb lead-conf
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This document provides important points for plaintiffs to consider when facing a summary judgment or motion for judgment regarding causation. It discusses that causation is typically decided by a jury, and the standard of review favors the plaintiff. The "substantial factor" test was created to lessen the plaintiff's burden to prove causation. When evidence is unavailable, plaintiffs can argue spoliation of evidence. The document also notes requirements for registering residential rental properties built before 1950 with the Maryland Department of the Environment.
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(Slip Opinion)
OCTOBER TERM, 2012 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States
v.
Detroit Timber & Lumber Co.,
200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
SALINAS
v
. TEXAS
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
No. 12–246. Argued April 17, 2013—Decided June 17, 2013
Petitioner, without being placed in custody or receiving
Miranda
warn- ings, voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. At petitioner’s murder trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals and Court of Criminal Appeals affirmed, rejecting his claim that the pros- ecution’s use of his silence in its case in chief violated the Fifth Amendment.
Held
: The judgment is affirmed.
369 S. W. 3d 176, affirmed.
J
USTICE
A
LITO
, joined by T
HE
C
HIEF
J
USTICE
and J
USTICE
K
ENNEDY
,
concluded that petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege in response to the officer’s question. Pp. 3
−
12.
(a) To prevent the privilege against self-incrimination from shield- ing information not properly within its scope, a witness who “ ‘desires the protection of the privilege . . . must claim it’ ” at the time he relies on it.
Minnesota
v.
Murphy
, 465 U. S. 420, 427. This Court has rec- ognized two exceptions to that requirement. First, a criminal de- fendant need not take the stand and assert the privilege at his own trial.
Griffin
v.
California
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e.g.
,
Miranda
v.
Arizona
, 384 U. S. 436, 467
−
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2
SALINAS
v.
TEX.
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Legal Issues in Criminal Justice Administration
Case Brief ExampleThis is an example of a well-written case brief. Note the compliance with the required format and how the student gets right to the important points in plain language. If legal terms are encounter which are not understood, chances are that other students will not understand them, so it is best not to use them unless defined within the brief.
Assignment sub-heading: Sixth Amendment Right to Counsel
TITLE AND CITATION: Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501 (1984)
TYPE OF ACTION: Review by the U.S. Supreme Court of a lower court ruling that evidence should be suppressed as a result of a violation of the Sixth Amendment right to counsel. The state (Nix) sought to overturn the motion to suppress that was upheld by the U.S. District Court of Appeals.
FACTS OF THE CASE:
On December 24, 1968, ten year old Pamela Powers was kidnapped from an Iowa YMCA and her body was later found in a ditch, which was within an extensive area that was being searched by volunteers and law enforcement. The defendant was observed “carrying a large bundle wrapped in a blanket…two legs in it and they were skinny and white.” Williams’ car, which contained clothing items belonging to the victim, was found the next day approximately 160 miles from the incident. Based on this information, an extensive search was started that extended from Des Moines to Davenport, Iowa.
Law enforcement obtained a warrant for Williams’ arrest, and he subsequently turned himself into the authorities in Davenport. Williams was arraigned and had obtained and spoken with an attorney. Des Moines police detectives agreed to transport Williams and not interview him during the drive between Davenport and Des Moines. During the drive, one of the detectives on the case began to speak to Williams regarding the need to find the child’s body before it snowed so that her parents could give her a proper, “Christian” burial. The detective did not ask Williams any specific questions during this conversation. At that point, Williams provided statements to the detectives that led them to the child’s body.
Williams was then tried in state court and was found guilty of first degree murder. Williams filed a motion to suppress the evidence of the body and all related evidence concerning the body’s location based on illegally obtained testimony. When the conviction was affirmed by the Iowa state Supreme Court, Williams sought relief in the U.S. District Court for the Southern District of Iowa. The U.S. District Court, U.S. Court of Appeals, and the U.S. Supreme Court agreed with Williams and determined that he was denied the right to counsel and his statements, which led to the child’s body, could not be introduced into evidence.
Williams was tried in state court a second time, without the use by the prosecution of the statements he had given to detectives. Prosecutors introduced evidence of the child’s body under the premise.
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reply to plaintiff's demurrer
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(Slip Opinion)
OCTOBER TERM, 2012 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States
v.
Detroit Timber & Lumber Co.,
200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
SALINAS
v
. TEXAS
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
No. 12–246. Argued April 17, 2013—Decided June 17, 2013
Petitioner, without being placed in custody or receiving
Miranda
warn- ings, voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. At petitioner’s murder trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals and Court of Criminal Appeals affirmed, rejecting his claim that the pros- ecution’s use of his silence in its case in chief violated the Fifth Amendment.
Held
: The judgment is affirmed.
369 S. W. 3d 176, affirmed.
J
USTICE
A
LITO
, joined by T
HE
C
HIEF
J
USTICE
and J
USTICE
K
ENNEDY
,
concluded that petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege in response to the officer’s question. Pp. 3
−
12.
(a) To prevent the privilege against self-incrimination from shield- ing information not properly within its scope, a witness who “ ‘desires the protection of the privilege . . . must claim it’ ” at the time he relies on it.
Minnesota
v.
Murphy
, 465 U. S. 420, 427. This Court has rec- ognized two exceptions to that requirement. First, a criminal de- fendant need not take the stand and assert the privilege at his own trial.
Griffin
v.
California
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e.g.
,
Miranda
v.
Arizona
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−
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v.
TEX.
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James Carmody v. Kansas City Board of Police Commissioners
This document is a summary of a United States Court of Appeals case regarding claims brought by three police officers (James Carmody, Marcus Davis, and Robert Vivona) against the Kansas City Board of Police Commissioners and Captain Mark Daniel Heimer under the Fair Labor Standards Act for unpaid overtime compensation. The district court struck affidavits submitted by the officers in opposition to summary judgment and granted summary judgment in favor of the defendants. The appellate court affirmed, finding that the district court did not abuse its discretion in striking the affidavits because the officers failed to properly disclose the information during discovery. The appellate court also found that without the affidavits, the officers failed to provide sufficient evidence to show they suffered actual damages from unpaid overtime as required.
CRJ 550Legal Issues in Criminal Justice AdministrationCase B.docx
CRJ 550
Legal Issues in Criminal Justice Administration
Case Brief ExampleThis is an example of a well-written case brief. Note the compliance with the required format and how the student gets right to the important points in plain language. If legal terms are encounter which are not understood, chances are that other students will not understand them, so it is best not to use them unless defined within the brief.
Assignment sub-heading: Sixth Amendment Right to Counsel
TITLE AND CITATION: Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501 (1984)
TYPE OF ACTION: Review by the U.S. Supreme Court of a lower court ruling that evidence should be suppressed as a result of a violation of the Sixth Amendment right to counsel. The state (Nix) sought to overturn the motion to suppress that was upheld by the U.S. District Court of Appeals.
FACTS OF THE CASE:
On December 24, 1968, ten year old Pamela Powers was kidnapped from an Iowa YMCA and her body was later found in a ditch, which was within an extensive area that was being searched by volunteers and law enforcement. The defendant was observed “carrying a large bundle wrapped in a blanket…two legs in it and they were skinny and white.” Williams’ car, which contained clothing items belonging to the victim, was found the next day approximately 160 miles from the incident. Based on this information, an extensive search was started that extended from Des Moines to Davenport, Iowa.
Law enforcement obtained a warrant for Williams’ arrest, and he subsequently turned himself into the authorities in Davenport. Williams was arraigned and had obtained and spoken with an attorney. Des Moines police detectives agreed to transport Williams and not interview him during the drive between Davenport and Des Moines. During the drive, one of the detectives on the case began to speak to Williams regarding the need to find the child’s body before it snowed so that her parents could give her a proper, “Christian” burial. The detective did not ask Williams any specific questions during this conversation. At that point, Williams provided statements to the detectives that led them to the child’s body.
Williams was then tried in state court and was found guilty of first degree murder. Williams filed a motion to suppress the evidence of the body and all related evidence concerning the body’s location based on illegally obtained testimony. When the conviction was affirmed by the Iowa state Supreme Court, Williams sought relief in the U.S. District Court for the Southern District of Iowa. The U.S. District Court, U.S. Court of Appeals, and the U.S. Supreme Court agreed with Williams and determined that he was denied the right to counsel and his statements, which led to the child’s body, could not be introduced into evidence.
Williams was tried in state court a second time, without the use by the prosecution of the statements he had given to detectives. Prosecutors introduced evidence of the child’s body under the premise.
Legal Update June 2010
Published June 2010 in The ESOP Association’s ESOP Report
Steven Greenapple addresses interference with ERISA rights and retaliation.
Massillon mgmt., llc v. americ[1]
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
Admissibility of school records hb lead conf
1) New York law provides for full disclosure of all material relevant to prosecuting or defending a legal action. School records are generally admissible in trials if authenticated, though privileged family medical information may be redacted.
2) A 1991 case established that school records of a non-party sibling could be discoverable if an expert affidavit demonstrates their potential relevance, such as a genetic link between conditions. Subsequent cases debated whether records of non-party family members require sufficient expert evidence and consideration of privacy.
3) The admissibility of parental and sibling academic records remains decided on a case-by-case basis, balancing relevance, privacy, and whether discovery risks speculative fishing expeditions versus narrowing issues for trial.
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Using the attached information, you will prepare a Case Brief on a.docx
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HEARSAY-EVIDENCE POWERPOINT FOR EDUCATIONAL PURPOSES
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1 d pretrial motion practice marshall hb lead-conf
- 3. RAYMOND L. MARSHALL, ESQ. 401 WASHINGTON AVENUE, SUITE 1100 TOWSON, MARYLAND 21204 RMARSHALL@CRLMLAW.COM (410) 494-3700
- 4. I. IMPORTANT CAUSATION POINTS FOR PLAINTIFFS IN SUMMARY JUDGMENT OR MOTION FOR JUDGMENT II. AN ARGUMENT TO CONSIDER WHEN CAUSATION IS DIFFICULT TO PROVE III. MISCELLANEOUS POINT FOR SUMMARY JUDGMENT
- 5. 1. CAUSATION IS TYPICALLY DECIDED BY A JURY ◦ COLLINS V. LI, 176 MD. APP. 502, 933 A.2D 528 (2007) 2. THE STANDARD IN WHICH THE COURT REVIEWS THE MOTIONS IS FAVORABLE TO A PLAINTIFF ◦ MYERS V. KAYHOE, 301 MD. 188, 892 A.2D 520 (2006)
- 6. 3. THE “SUBSTANTIAL FACTOR” TEST WAS CREATED TO LESSEN, NOT INCREASE, A PLAINTIFF’S BURDEN TO PROVE CAUSATION, AND MARYLAND COURTS CONTINUE TO FOLLOW THIS TEST ◦ BARTHOLOMEE V. CASEY, 103 MD. APP. 34, 651 A.2D 908 (1994) ◦ RESTATEMENT (SECOND) OF TORTS CONSTITUTES LEGAL CAUSE 431. WHAT
- 7. THE ACTOR’S NEGLIGENT CONDUCT IS A LEGAL CAUSE OF HARM TO ANOTHER IF: A) HIS CONDUCT IS A SUBSTANTIAL FACTOR IN BRINGING ABOUT THE HARM; AND B) THERE IS NO RULE OF LAW RELIEVING THE ACTOR FROM LIABILITY BECAUSE OF THE MANNER IN WHICH HIS NEGLIGENCE HAS RESULTED IN THE HARM
- 8. 4. THE INITIAL BURDEN OF PROVING CAUSATION IS ON THE PLAINTIFF ◦ RESTATEMENT (SECOND) OF TORTS “MORE PROBABLY THAN NOT” 433B(2) BUT THE BURDEN OF APPORTIONING HARM IS ON THE DEFENDANT ◦ RESTATEMENT (SECOND) OF TORTS 433A LIABILITY IS IMPOSED EQUALLY WHERE TWO OR MORE CAUSES ARE CULPABLE AND INCAPABLE OF DIVISION UNLESS DEFENDANT PROVES THAT HARM CAN BE APPORTIONED
- 9. 1. WHEN A LEAD TEST IS NOT AVAILABLE, ARGUE SPOLIATION ◦ DEFINED ◦ PROOF PRIOR CLAIMS AND LAWSUITS EXISTENCE OF INSURANCE POLICY MARYLAND DEPARTMENT OF THE ENVIRONMENT REGISTRATION DEFECT, NOT NOTICE ◦ CAUSE OF ACTION
- 10. The destruction of or the failure to preserve evidence by a party may give rise to an inference unfavorable to that party. If you find that the intent was to conceal the evidence, the destruction or failure to preserve must be inferred to indicate that the party believes that his or her case is weak and that he or she would not prevail if the evidence was preserved. If you find that the destruction or failure to preserve the evidence was negligent, you may, but are not required to, infer that the evidence, if preserved, would have been unfavorable to that party.
- 12. • Residential rental properties built before 1950 are required to be registered annually with MDE • Exception – a passing Lead Free inspection certificate
- 13. MD. R. 2-502 ◦ PROCEDURE ◦ APPLICATION CRISE V. MARYLAND GENERAL HOSPITAL, INC., 212 MD. APP. 492, 69 A.3D 536 (2013)
- 14. If at any stage of an action a question arises that is within the sole province of the court to decide, whether or not the action is triable by a jury, and if it would be convenient to have the question decided before proceeding further, the court, on motion or on its own initiative, may order that the question be presented for decision in the manner the court deems expedient. In resolving the question, the court may accept facts stipulated by the parties, may find facts after receiving evidence, and may draw inferences from these facts. The proceedings and decisions of the court shall be on the record, and the decisions shall be reviewable upon appeal after entry of an appealable order or judgment.
- 15. RAYMOND L. MARSHALL, ESQ. 401 WASHINGTON AVENUE, SUITE 1100 TOWSON, MARYLAND 21204 RMARSHALL@CRLMLAW.COM (410) 494-3700
- 16. Raymond Marshall ChasonRosner Leary & Marshall LLP Raymond L. Marshall ChasonRosner Leary & Marshall LLC 410.494.3709 rmarshall@crlmlaw.com