This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues that this bail amount is excessive and violates constitutional standards given that Gristina has no criminal record, strong community ties, and faces a non-incarceratory sentence if convicted. It requests that the court grant the writ and issue an order setting reasonable bail.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
This document provides guidance on various pre-trial motions in criminal cases, including omnibus motions, motions to dismiss or reduce charges, and motions to suppress evidence. It discusses the timeline and requirements for filing pre-trial motions under the Criminal Procedure Law. The document also provides sample motion templates and analyses of key cases related to ineffective assistance of counsel during the plea bargaining process.
The document is a motion filed by the defense attorney Ralph Megna on behalf of their client, who has been indicted on drug and paraphernalia charges. The motion requests several forms of relief from the court, including inspection of grand jury minutes, dismissal of indictment, a Huntley hearing on statements made by the defendant, a Wade hearing on identification procedures, disclosure of Brady material, a Sandoval hearing, and leave to make further motions. The attorney provides supporting arguments for each request.
This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
This document summarizes a Philippine Supreme Court decision regarding an extradition case. It discusses two key issues: 1) Whether an individual subject to an extradition request is entitled to notice and a hearing before an arrest warrant can be issued, and 2) Whether such an individual is entitled to bail and provisional liberty while extradition proceedings are pending. The Court rules that, in general, individuals are not entitled to notice and a hearing before arrest or to bail during extradition proceedings. However, the Court provides explanations for this rule and outlines exceptions. The case involved a request by the US for the extradition of Mark Jimenez from the Philippines to face criminal charges in the US.
This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues the bail is excessive given Gristina has no criminal record, strong community ties, and faces a non-custodial sentence if convicted. It requests the court grant the writ and set reasonable bail.
This document summarizes key articles from Ecuador's Code of Civil Procedure regarding jurisdiction, competence, filing complaints, summons and service, evidence, public documents, inspections, and expert witnesses. Some key points include:
- Jurisdiction and competence refer to a court's authority and extent of authority over certain matters, territories, people, and levels of courts.
- Complaints must clearly identify the parties, facts, requests, and other required information.
- Summons informs defendants of complaints and court orders while service informs parties of judgments.
- Evidence includes documents, witness testimony, and inspections, and must be properly submitted and evaluated according to legal standards.
- Public documents certified by authorized persons are considered
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
This document provides guidance on various pre-trial motions in criminal cases, including omnibus motions, motions to dismiss or reduce charges, and motions to suppress evidence. It discusses the timeline and requirements for filing pre-trial motions under the Criminal Procedure Law. The document also provides sample motion templates and analyses of key cases related to ineffective assistance of counsel during the plea bargaining process.
The document is a motion filed by the defense attorney Ralph Megna on behalf of their client, who has been indicted on drug and paraphernalia charges. The motion requests several forms of relief from the court, including inspection of grand jury minutes, dismissal of indictment, a Huntley hearing on statements made by the defendant, a Wade hearing on identification procedures, disclosure of Brady material, a Sandoval hearing, and leave to make further motions. The attorney provides supporting arguments for each request.
This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
This document summarizes a Philippine Supreme Court decision regarding an extradition case. It discusses two key issues: 1) Whether an individual subject to an extradition request is entitled to notice and a hearing before an arrest warrant can be issued, and 2) Whether such an individual is entitled to bail and provisional liberty while extradition proceedings are pending. The Court rules that, in general, individuals are not entitled to notice and a hearing before arrest or to bail during extradition proceedings. However, the Court provides explanations for this rule and outlines exceptions. The case involved a request by the US for the extradition of Mark Jimenez from the Philippines to face criminal charges in the US.
This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues the bail is excessive given Gristina has no criminal record, strong community ties, and faces a non-custodial sentence if convicted. It requests the court grant the writ and set reasonable bail.
This document summarizes key articles from Ecuador's Code of Civil Procedure regarding jurisdiction, competence, filing complaints, summons and service, evidence, public documents, inspections, and expert witnesses. Some key points include:
- Jurisdiction and competence refer to a court's authority and extent of authority over certain matters, territories, people, and levels of courts.
- Complaints must clearly identify the parties, facts, requests, and other required information.
- Summons informs defendants of complaints and court orders while service informs parties of judgments.
- Evidence includes documents, witness testimony, and inspections, and must be properly submitted and evaluated according to legal standards.
- Public documents certified by authorized persons are considered
This document summarizes the process for appealing court decisions in Kansas. It discusses the types of rulings that can be appealed as of right, such as final judgments, injunctions, and orders involving the constitution. It also outlines the process for appealing these decisions, which involves filing a notice of appeal within 30 days. The document also discusses appealing interlocutory orders by permission, which requires the trial court to state the order involves a controlling legal issue and could expedite the case, and then filing an application for permission to appeal within 14 days. The appellate courts in Kansas are limited to reviewing questions of law and whether facts are supported by evidence.
This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document outlines the rights of the accused in criminal prosecutions under Philippine law, including the right to be presumed innocent, to be informed of charges, to present a defense, not to testify against oneself, confront witnesses, and have a speedy and public trial. It also describes the procedures for arraignment and plea, including the ability to plead guilty to a lesser offense. The accused may file a motion to quash the complaint or information before entering a plea based on grounds such as lack of an offense or lack of jurisdiction.
The United States Attorney's Office and defense counsel for Matthew Wade Beasley filed a stipulation requesting the court to extend two deadlines: 1) conducting a preliminary hearing within 14 days of the defendant's initial appearance and 2) filing an indictment within 30 days of arrest. The parties are attempting to resolve the matter before indictment through a pre-indictment plea agreement and need more time. The defendant consents to waiving his rights under the speedy trial act and rule 5.1 and extending the deadlines to allow for potential resolution. The parties request scheduling the preliminary hearing 120 days from the date of the filing.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition for review of the magistrate's order denying bond and ordering pretrial detention. The government argues that the defendant has not demonstrated any new information warranting reopening of the detention hearing. It also argues the magistrate's findings that the defendant poses a flight risk were not clearly erroneous. The government asserts the defendant's petition should be denied.
The document discusses the concept of burden of proof in legal cases. It distinguishes between two types of burden:
1) Persuasive/legal burden, which remains with the party asserting a claim. For criminal cases this means the prosecution must prove guilt beyond reasonable doubt.
2) Evidential/evidentiary burden, which can shift between the parties as evidence is presented. The party with the evidential burden must introduce evidence or risk losing the case. Malaysian law also discusses when the burden of proof lies, how it can be discharged, and exceptions.
This document summarizes a court case from the Sri Lanka Law Reports from 2009 regarding a partition action.
(1) The plaintiff filed a partition suit to divide a land allegedly owned in common, but some defendants disputed the plaintiff's claimed chain of title. The plaintiff produced several deeds to establish title but the trial judge rejected them because the plaintiff did not prove their execution.
(2) On appeal, the court found that the rejection of the deeds contravened Section 68 of the Partition Law, which does not require formal proof of deed execution unless genuineness is disputed. The execution of the deeds was also not properly investigated.
(3) The court set aside the trial judgment and ordered a new trial
This document outlines the rights of the accused in a criminal trial according to Philippine law. It discusses the rights to be presumed innocent, informed of charges, have counsel, testify or not testify without prejudice, confront witnesses, and appeal convictions. It also covers procedures for arraignment and plea, including the right to counsel and processes for guilty pleas, not guilty pleas, and withdrawing pleas. Motions to quash a complaint or information are also addressed.
It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.
The Supreme Court of Minnesota heard a case regarding when the statute of limitations begins for a legal malpractice claim stemming from a criminal trial. James Noske sued his former attorney Joseph Friedberg for legal malpractice, claiming ineffective assistance of counsel during his 1990 criminal trial where he was convicted. Friedberg argued the suit was barred by the six-year statute of limitations. The Court held that Noske's malpractice claim did not accrue until 1999 when he was granted habeas corpus relief overturning his conviction, and Friedberg could still litigate the elements of malpractice.
02/09/12 GARRETSON RESOLUTION GROUP - Motion To Vacate (STAMPED)VogelDenise
The Garretson Firm Resolution Group, Inc. appears to be a FRONTING Firm for United States President Barack Obama. This is Vogel Denise Newsome's REBUTTAL to Lawsuit/Complaint filed against her for exercising her FIRST AMENDMENT RIGHTS (i.e. Freedom of Speech, etc.). Information that President Barack Obama does NOT want the PUBLIC to see!
Court awards attorney fees to This Is Reno in public records lawsuit against ...This Is Reno
Washoe County District Court Judge Kathleen Drakulich this week awarded costs and attorney fees to This Is Reno in its public records lawsuit against the Reno Police Department.
Last year, This Is Reno sued RPD for failing to follow Nevada public records laws. Drakulich partially agreed. She said RPD failed to respond to a number of This Is Reno’s public records orders within the time frame required by law – up to seven months in one case.
Drakulich, however, said RPD properly denied the release of documents relevant to open investigations. She also said RPD can continue to redact officer faces from body worn cameras, a practice This Is Reno attempted to challenge.
Body cam redaction policies are inconsistently applied in Nevada. Most other states in the country do not redact officer faces, a point the Reno city attorney said was irrelevant.
In Nevada, some law enforcement entities are redacting officer faces from videos. That includes the back of officer heads, in RPD’s case.
The reason for the redactions, according to the Reno city attorney: The law prohibits the release of an officer’s photograph to the public unless the officer gives permission for the release.
O Chandsaheb Shaikh On 9 December, 1991msdhillon72
This judgment summarizes a case in which the State of Maharashtra appealed an order acquitting a shopkeeper accused of selling adulterated cinnamon. The appellate court analyzed the evidence presented at trial, including testimony from food inspectors who purchased a sample from the shopkeeper and had it tested. The court found that the trial court erred in acquitting the shopkeeper and overturned the acquittal based on the evidence that the sample sold as cinnamon was found to contain no cinnamon.
This document is an order from a United States District Court regarding cross-motions for summary judgment in a case involving a plaintiff who was imprisoned at a halfway house operated by the defendant. The court provides background on the case, including that the plaintiff sued over alleged unlawful seizure of his property and constitutional violations. The court evaluates the motions using the standard for summary judgment, granting the defendant's motion and denying the plaintiff's motion.
Order denying plaintiffs’ emergency motion to clarify scope of preliminary in...Honolulu Civil Beat
The United States District Court for Hawaii denied the plaintiffs' emergency motion to clarify the scope of the preliminary injunction regarding President Trump's executive order banning travel from several Muslim-majority countries. The court determined that the disagreements between the parties arose from the Supreme Court's modification of the injunction, not the district court's own orders. As such, any clarification should be sought from the Supreme Court, not the district court. The district court declined to interpret or substitute its understanding for the Supreme Court's own ruling modifying the injunction.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition to review the magistrate's order denying bond and granting pretrial detention. The government argues that the defendant has not demonstrated any new information that was unknown at the time of the initial detention hearing that would warrant reopening the hearing. Specifically, the government states that the defendant was aware of the investigation and charges against him at the initial hearing and that his personal background and circumstances have not changed. Therefore, the defendant is not legally entitled to have the detention hearing reopened or the magistrate's order reviewed.
Aclutx teen jail fine unconst darren chakerDarren Chaker
The document describes a court order ruling on various motions in a civil rights lawsuit brought by Francisco De Luna and Elizabeth Diaz against Hidalgo County, Texas and several justices of the peace. It provides background on the plaintiffs' claims that they were unlawfully jailed for failure to pay fines from previous misdemeanor offenses due to lack of determination of their indigency. The court order addresses cross motions for summary judgment and class certification filed by both parties.
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
Motion to Schedule Trial (Speedy Trial Rights)Rich Bergeron
1. Richard Bergeron III filed a motion to schedule his trial as soon as possible in his criminal case in Belknap County Superior Court, citing violations of his right to a speedy trial.
2. Bergeron was arrested in February 2019 and remains on bail conditions, but over two years later there is still no trial date set due to scheduling delays and a backlogged court docket.
3. Bergeron argues that further delays in scheduling his trial would continue to violate his constitutional right to a speedy trial and requests that his case be scheduled for trial immediately or dismissed.
The memorandum discusses South Carolina's "Stand Your Ground" law, known as the Protection of Persons and Property Act. It states that under this law, a person may use deadly force to defend themselves or their property without fear of criminal prosecution if they had a reasonable fear of imminent danger. It analyzes two relevant cases, State v. Duncan and State v. Curry, that establish the legal standard. Duncan found that to receive immunity under the act, the defendant must file a pretrial motion to dismiss and present evidence that they acted in self-defense by a preponderance of evidence. Curry upheld denying a motion for acquittal filed after the trial began, as true immunity requires dismissal before trial.
This document summarizes the process for appealing court decisions in Kansas. It discusses the types of rulings that can be appealed as of right, such as final judgments, injunctions, and orders involving the constitution. It also outlines the process for appealing these decisions, which involves filing a notice of appeal within 30 days. The document also discusses appealing interlocutory orders by permission, which requires the trial court to state the order involves a controlling legal issue and could expedite the case, and then filing an application for permission to appeal within 14 days. The appellate courts in Kansas are limited to reviewing questions of law and whether facts are supported by evidence.
This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document outlines the rights of the accused in criminal prosecutions under Philippine law, including the right to be presumed innocent, to be informed of charges, to present a defense, not to testify against oneself, confront witnesses, and have a speedy and public trial. It also describes the procedures for arraignment and plea, including the ability to plead guilty to a lesser offense. The accused may file a motion to quash the complaint or information before entering a plea based on grounds such as lack of an offense or lack of jurisdiction.
The United States Attorney's Office and defense counsel for Matthew Wade Beasley filed a stipulation requesting the court to extend two deadlines: 1) conducting a preliminary hearing within 14 days of the defendant's initial appearance and 2) filing an indictment within 30 days of arrest. The parties are attempting to resolve the matter before indictment through a pre-indictment plea agreement and need more time. The defendant consents to waiving his rights under the speedy trial act and rule 5.1 and extending the deadlines to allow for potential resolution. The parties request scheduling the preliminary hearing 120 days from the date of the filing.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition for review of the magistrate's order denying bond and ordering pretrial detention. The government argues that the defendant has not demonstrated any new information warranting reopening of the detention hearing. It also argues the magistrate's findings that the defendant poses a flight risk were not clearly erroneous. The government asserts the defendant's petition should be denied.
The document discusses the concept of burden of proof in legal cases. It distinguishes between two types of burden:
1) Persuasive/legal burden, which remains with the party asserting a claim. For criminal cases this means the prosecution must prove guilt beyond reasonable doubt.
2) Evidential/evidentiary burden, which can shift between the parties as evidence is presented. The party with the evidential burden must introduce evidence or risk losing the case. Malaysian law also discusses when the burden of proof lies, how it can be discharged, and exceptions.
This document summarizes a court case from the Sri Lanka Law Reports from 2009 regarding a partition action.
(1) The plaintiff filed a partition suit to divide a land allegedly owned in common, but some defendants disputed the plaintiff's claimed chain of title. The plaintiff produced several deeds to establish title but the trial judge rejected them because the plaintiff did not prove their execution.
(2) On appeal, the court found that the rejection of the deeds contravened Section 68 of the Partition Law, which does not require formal proof of deed execution unless genuineness is disputed. The execution of the deeds was also not properly investigated.
(3) The court set aside the trial judgment and ordered a new trial
This document outlines the rights of the accused in a criminal trial according to Philippine law. It discusses the rights to be presumed innocent, informed of charges, have counsel, testify or not testify without prejudice, confront witnesses, and appeal convictions. It also covers procedures for arraignment and plea, including the right to counsel and processes for guilty pleas, not guilty pleas, and withdrawing pleas. Motions to quash a complaint or information are also addressed.
It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.
The Supreme Court of Minnesota heard a case regarding when the statute of limitations begins for a legal malpractice claim stemming from a criminal trial. James Noske sued his former attorney Joseph Friedberg for legal malpractice, claiming ineffective assistance of counsel during his 1990 criminal trial where he was convicted. Friedberg argued the suit was barred by the six-year statute of limitations. The Court held that Noske's malpractice claim did not accrue until 1999 when he was granted habeas corpus relief overturning his conviction, and Friedberg could still litigate the elements of malpractice.
02/09/12 GARRETSON RESOLUTION GROUP - Motion To Vacate (STAMPED)VogelDenise
The Garretson Firm Resolution Group, Inc. appears to be a FRONTING Firm for United States President Barack Obama. This is Vogel Denise Newsome's REBUTTAL to Lawsuit/Complaint filed against her for exercising her FIRST AMENDMENT RIGHTS (i.e. Freedom of Speech, etc.). Information that President Barack Obama does NOT want the PUBLIC to see!
Court awards attorney fees to This Is Reno in public records lawsuit against ...This Is Reno
Washoe County District Court Judge Kathleen Drakulich this week awarded costs and attorney fees to This Is Reno in its public records lawsuit against the Reno Police Department.
Last year, This Is Reno sued RPD for failing to follow Nevada public records laws. Drakulich partially agreed. She said RPD failed to respond to a number of This Is Reno’s public records orders within the time frame required by law – up to seven months in one case.
Drakulich, however, said RPD properly denied the release of documents relevant to open investigations. She also said RPD can continue to redact officer faces from body worn cameras, a practice This Is Reno attempted to challenge.
Body cam redaction policies are inconsistently applied in Nevada. Most other states in the country do not redact officer faces, a point the Reno city attorney said was irrelevant.
In Nevada, some law enforcement entities are redacting officer faces from videos. That includes the back of officer heads, in RPD’s case.
The reason for the redactions, according to the Reno city attorney: The law prohibits the release of an officer’s photograph to the public unless the officer gives permission for the release.
O Chandsaheb Shaikh On 9 December, 1991msdhillon72
This judgment summarizes a case in which the State of Maharashtra appealed an order acquitting a shopkeeper accused of selling adulterated cinnamon. The appellate court analyzed the evidence presented at trial, including testimony from food inspectors who purchased a sample from the shopkeeper and had it tested. The court found that the trial court erred in acquitting the shopkeeper and overturned the acquittal based on the evidence that the sample sold as cinnamon was found to contain no cinnamon.
This document is an order from a United States District Court regarding cross-motions for summary judgment in a case involving a plaintiff who was imprisoned at a halfway house operated by the defendant. The court provides background on the case, including that the plaintiff sued over alleged unlawful seizure of his property and constitutional violations. The court evaluates the motions using the standard for summary judgment, granting the defendant's motion and denying the plaintiff's motion.
Order denying plaintiffs’ emergency motion to clarify scope of preliminary in...Honolulu Civil Beat
The United States District Court for Hawaii denied the plaintiffs' emergency motion to clarify the scope of the preliminary injunction regarding President Trump's executive order banning travel from several Muslim-majority countries. The court determined that the disagreements between the parties arose from the Supreme Court's modification of the injunction, not the district court's own orders. As such, any clarification should be sought from the Supreme Court, not the district court. The district court declined to interpret or substitute its understanding for the Supreme Court's own ruling modifying the injunction.
Government’s response to defendant’s petition for review of magistrate’s repo...Cocoselul Inaripat
This document is the government's response to the defendant's petition to review the magistrate's order denying bond and granting pretrial detention. The government argues that the defendant has not demonstrated any new information that was unknown at the time of the initial detention hearing that would warrant reopening the hearing. Specifically, the government states that the defendant was aware of the investigation and charges against him at the initial hearing and that his personal background and circumstances have not changed. Therefore, the defendant is not legally entitled to have the detention hearing reopened or the magistrate's order reviewed.
Aclutx teen jail fine unconst darren chakerDarren Chaker
The document describes a court order ruling on various motions in a civil rights lawsuit brought by Francisco De Luna and Elizabeth Diaz against Hidalgo County, Texas and several justices of the peace. It provides background on the plaintiffs' claims that they were unlawfully jailed for failure to pay fines from previous misdemeanor offenses due to lack of determination of their indigency. The court order addresses cross motions for summary judgment and class certification filed by both parties.
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
Motion to Schedule Trial (Speedy Trial Rights)Rich Bergeron
1. Richard Bergeron III filed a motion to schedule his trial as soon as possible in his criminal case in Belknap County Superior Court, citing violations of his right to a speedy trial.
2. Bergeron was arrested in February 2019 and remains on bail conditions, but over two years later there is still no trial date set due to scheduling delays and a backlogged court docket.
3. Bergeron argues that further delays in scheduling his trial would continue to violate his constitutional right to a speedy trial and requests that his case be scheduled for trial immediately or dismissed.
The memorandum discusses South Carolina's "Stand Your Ground" law, known as the Protection of Persons and Property Act. It states that under this law, a person may use deadly force to defend themselves or their property without fear of criminal prosecution if they had a reasonable fear of imminent danger. It analyzes two relevant cases, State v. Duncan and State v. Curry, that establish the legal standard. Duncan found that to receive immunity under the act, the defendant must file a pretrial motion to dismiss and present evidence that they acted in self-defense by a preponderance of evidence. Curry upheld denying a motion for acquittal filed after the trial began, as true immunity requires dismissal before trial.
GS Holistic Court Opinion in Trademark DisputeMike Keyes
This document is a court filing that recommends granting in part a motion for default judgment against two defendants, Haz Investments LLC and Hazim Assaf, in a trademark infringement lawsuit. The plaintiff, GS Holistic LLC, alleges the defendants sold counterfeit products bearing GS's trademarks without authorization. As the defendants failed to respond to the complaint, the clerk entered default against them. The court filing analyzes the applicable legal standards and finds default judgment is warranted procedurally and substantively for some of the plaintiff's claims. It recommends awarding $15,000 in statutory damages, $782 in costs, and injunctive relief to the plaintiff.
This motion seeks to preclude the defense from introducing evidence of the plaintiff's prior criminal record from New Jersey. Specifically, it aims to prevent evidence related to an accusation that the plaintiff obtained temporary disability benefits through deception. The plaintiff was accepted into a pretrial intervention program in New Jersey for this accusation but did not plead guilty. The motion argues this evidence should be excluded as it involves a collateral matter unrelated to the issues in the current civil case, and risks unduly prejudicing the plaintiff. Introduction of such extrinsic evidence to impeach a witness on a collateral matter is prohibited.
This document discusses the writ of habeas corpus under Philippine law. It begins by defining habeas corpus as extending to cases of illegal confinement or detention. It then discusses the purpose and nature of habeas corpus, including that it is a special proceeding to determine the legality of detention. The document outlines when habeas corpus can and cannot be issued or allowed, such as not being appropriate once criminal charges are filed. It also summarizes the contents required in habeas corpus petitions and returns. Finally, it discusses related issues like the retroactive application of favorable laws and the relationship between habeas corpus and other remedies.
The document discusses two motions in the case of Stephen M. Gaggero v. Knapp, Petersen and Clarke, et al.
1) The court partially granted the plaintiff's motion to quash the third deposition notice but ordered that the plaintiff submit to a final deposition of no more than 10 hours on a mutually agreeable date.
2) The court denied the plaintiff's motion to quash the subpoena for production of documents from the plaintiff's previous attorney. The court found that the plaintiff waived privilege by suing both the defendant and previous attorney and putting the attorney's conduct at issue. The documents were ordered to be produced.
The document is a plea agreement between the United States government and Ali Saleh Kahlah al-Marri, who is pleading guilty to one count of conspiracy to provide material support to al Qaeda. Key points of the agreement include that al-Marri will plead guilty to conspiring to provide personnel (including himself) to al Qaeda, knowing it was a designated terrorist organization. The potential penalties he faces are up to 15 years in prison, a $250,000 fine, and life of supervised release. He agrees to waive his right to appeal his conviction but reserves the right to appeal his sentence.
Federal Court Denying Motion by Satish Vuppalapati, Madhavi Vuppalapati and A...mh37o
Federal court denied the motion by Satish Vuppalapati, Madhavi Vuppalapati and Anandhan Jayaraman. Court confirmed that PISL India and PISl PA are one and the same companies.
This document summarizes rules and procedures for interlocutory appeals and dismissals by the prosecution before trial in Massachusetts criminal cases. It discusses:
1) The Commonwealth's right to appeal orders on motions to dismiss and either party's right to apply for leave to appeal orders on motions to suppress evidence.
2) Procedures for filing applications for interlocutory appeals and considerations for single justices in approving them.
3) Rules regarding nolle prosequi dismissals by prosecutors, including implications for jeopardy and partial dismissals of certain charges.
4) The broad discretion generally afforded to prosecutors in entering nolle prosequi dismissals.
5) The exceptional role of
California Discovery Law: Why Requests for Production of Documents may not be...Scott A McMillan
The document discusses the requirements for document requests under California law. It states that each category of documents requested must be reasonably particularized to avoid overly broad or general requests. It provides examples from case law where courts found requests for all documents relating to a claim to be too broad. The document also analyzes differences between the statutes governing document requests versus interrogatories and admissions, finding that contention-style requests are not permitted for documents.
This document is a report and recommendation from a magistrate judge regarding a motion to dismiss for lack of personal jurisdiction filed by the defendant, Info Directions, Inc. The plaintiff, Transverse LLC, alleges that Info Directions interfered with its contract and misappropriated its trade secrets related to billing software. The magistrate judge provides background on the parties and claims, summarizes the legal standards for personal jurisdiction, and will make a recommendation to the district court judge on the motion to dismiss.
Francisco Velez and Beatriz Wassmer planned to marry on September 4, 1954. However, on the day of the wedding, Velez left Beatriz a note postponing the wedding because his mother opposed it, and then disappeared without contact. Beatriz sued Velez for damages. The court found in favor of Beatriz, ordering Velez to pay damages. Velez appealed. Ordinarily, merely breaching a marriage promise is not grounds for a lawsuit. However, in this case Velez formally planned an elaborate wedding, invited guests, and left Beatriz humiliated just before the ceremony. The court found Velez's actions unjustifiable and awarded Beatriz moral and exempl
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Jail writ-J JOHN SEBASTIAN ATTORNEY
1. SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY: CRIMINAL TERM PART
x
THE PEOPLE OF THE STATE OF NEW YORK
Ex Rel: GARY GREENWALD, ESQ.
on Behalf of : ANNA GRISTINA WRIT OF HABEAS CORPUS
IND. NO.: 751/2012
Petitioner,
- against - ADJ. DATE AND PART:
DORA B.SCHRIRO, Commissioner
Department of Correction, PLACE OF
INCARCERATION:
RMSC 310-12-00212
Respondent.
- x
TO THE PEOPLE OF THE STATE OF NEW YORK:
TO THE COMMISSIONER:
WE COMMAND YOU, that the body of ANNA GRISTINA, by you
imprisoned and detained, as it is said together with the time and
cause of such imprisonment and detention by whatsoever name the
said ANNA GRISTINA is called or charged, be brought before the
Justice presiding at a Criminal Term of the Supreme Court of the
State of New York, Part -' New York County at the Criminal
Courthouse, 100 Centre Street, New York, New York, on day of
2012, at 9:30 a.m. in the forenoon, to do and receive that
which shall then and there be considered concerning the said Anna
Gristina, and have you then and there this Writ.
ORDERED, that service of a copy of this Order together with
2. the petition upon which it is based on the District Attorney on
or before the day of ' 2012, shall be deemed
sufficient service.
WITNESS, HONORABLE -' one of the Justices of
the Supreme Court, State of New York this day of
2012.
The above Writ allowed this day of
JUSTICE OF THE SUPREME COURT
OF THE STATE OF NEW YORK
3. SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY: CRIMINAL TERM PART
x
THE PEOPLE OF THE STATE OF NEW YORK
Ex Rel: GARY GREENWALD, ESQ.
on Behalf of: ANNA GRISTINA
PETITION IN SUPPORT
OF WRIT OF HABEAS
CORPUS
Petitioner, IND. NO.: 751/2012
- against -
DORA B. SCHRIRO, Commissioner
Department of Correction,
Respondent.
- x
The Petition of GARY GREENWALD, ESQ., respectfully states:
1. The relator is an attorney associated with GREENWALD
LAW OFFICES, attorneys for the petitioner herein.
2. This affirmation is made on information and belief,
which is based upon inspection of the court and defense files,
and discussions with prosecutors and persons connected with this
case.
3. This affirmation is made in support of this Writ of
Habeas Corpus alleging that the Petitioner/Defendant is being
detained on excessive bail in violation of Article 1, Section 5
of the New York State Constitution and the Eighth Amendment of
the United States Constitution.
4. Petitioner/defendant was arraigned on a single charge
of Promoting Prostitution in the Third Degree [PL 230.25(1)], in
New York State Supreme Court, Part 59, on February 23, 2012, and
bail was set at $2,000,000 bond or $1,000,000 cash.
5. The Petitioner/Defendant remains incarcerated and unable
4. to post bail. Upon information and belief, the only hold on the
Petitioner/Defendant is the bail set by the court at her
arraignment, a sum which she has not posted and cannot post.
6. The Petition/Defendant has no prior criminal record.
She is married, has a family, children, long-time ties to her New
York community, is not a flight risk, and is prepared to turn her
passport over to the District Attorney's Office.
7. The instant offense of which the Petitioner/Defendant is
accused of violating is a single class D non-violent felony.
8. Upon conviction, this offense does not require a term of
incarceration as part of sentence, and in fact, the
Petitioner/Defendant is eligible for a non-incarceratory
sentence. Should the Petitioner/Defendant be convicted of this
offense, the maximum sentence she could face is 2 1/3 - 7 years
incarceration.
9. The Petitioner/Defendant has every intention of
presenting herself before the Court to answer the instant
charges. If released, the Petitioner/Defendant would remain at
large in accordance with conditions set by this Court.
10. The Petitioner/Defendant submits that the Court which
set her bail abused its discretion pursuant to Criminal Procedure
Law 510.30 and set an excessive bail in violation of both the New
York State and United States Constitutions. The attached
Memorandum-of Law demonstrates this position.
11. No other application for this relief has been made.
WHEREFORE, your Petitioner/Defendant respectfully requests
that the accompanying writ be granted and that an order be issued
5. setting a reasonable bail.
DATED: Chester, New York
' 2012
GARY GREENWALD, ESQ.
GREENWALD LAW OFFICES
99 Brookside Ave
Chester, NY 10918
845-469-4900
6. MEMORANDUM - OF- LAW
IN SUPPORT OF THE INSTANT WRIT OF HABEAS CORPUS
SEEKING REDUCTION OF THE PETITIONER/DEFENDANT'S BAIL
It is without question that the scope of collateral review
by the court hearing habeas corpus petitions concerning excessive
bail is narrow and concerns only whether the court which set bail
abused its discretion pursuant to N.Y. Criminal Procedure Law§
510.30, and violated the constitutional standard prohibiting
excessive bail. See, People ex rel. Hunt v. Warden of Riker's
Island, 161 AD2d 475 [1st Dept 1990], appeal denied, 76 NY2d 703
[1990]; see also, People ex rel. Robinson v. Campbell, 184 AD2d
988 [3rd Dept 1992].
In determining whether or not the fixation of bail violates
constitutional or statutory standards inhibiting excessive bail,
the habeas corpus court should consider relevant criteria
including, inter alia, the "nature of the offense, the penalty
which may be imposed, the probability of the willing appearance
of the defendant or his flight to avoid punishment, the pecuniary
and social condition of defendant and his general reputation and
character, and the apparent nature and strength of the proof as
bearing on the probability of his conviction." See, People ex
rel. Klein v. Krueger, 25 NY2d 497, 501 [1969]. But in
conducting such a review, the habeas corpus court may not, absent
extraordinary circumstances, consider evidence not before the
original bail-fixating court. People ex rel. Rosenthal v.
Wolfson, 48 N.Y.2d 230 [1979]. The scope of inquiry is only as
to whether the bail setting court abused its discretion by
7. setting said bail without reason or for reasons insufficient in
law. See, People ex rel. Klein v. Krueger, suprai see also,
People ex rel. Weisenfeld v. Warden, New York Detention Facility,
37 N.Y.2d 760 [1975]. It is of paramount importance that the
bail was the product of discretion which rested upon a rational
basis. See, People ex rel. Klein v. Krueger, supra. There must
be a sufficient showing on the record to support the decision and
the exercise of discretion must be upon a rational consideration
of the criteria cited in CPL 510.30(2). Unless the record sets
forth the factors utilized in determining the amount of bail or
the habeas corpus court has made specific findings in its
decision fixing bail, the exercise of discretion must be deemed
arbitrary.
Moreover, the "presumption of innocence accorded every
criminal defendant militates strongly against incarceration in
advance of a determination as to guilt. For this reason bail may
not be set in an amount greater than necessary to ensure court
attendance." See, People ex rel. Benton v. Warden, N.Y. City
House of Detention for Men, 118 A.D.2d 443, 445 [1st Dept 1986]
see also, State ex rel. Barrett on behalf of Galanis v. Koehler,
132 AD2d 491 [1st Dept 1987], appeal dismissed, 70 NY2d 951
[1988]. "The statutory criteria of CPL 510.30(2) are used to
gauge the only matter of legitimate concern in such a bail
hearing, viz., whether any bail or the amount fixed was necessary
to insure the defendant's future appearance in court." See,
People ex rel. Masselli v. Levy, 126 AD2d 501 [1st Dept 1987].
The seriousness of the crime charged and severity of the
8. possible punishment are, of course, relevant considerations, but
only to the extent that they demonstrate a defendant's propensity
to flee. The statute is clear in this regard when it commands
that "the court must consider the kind and degree of control or
restriction that is necessary to secure his court attendance.n
See, CPL§ 510.30(2) (a) (emphasis added).
The nature of the case against the defendant and possible
punishment are only two of the numerous factors to be weighed in
making the ultimate determination required by CPL§ 510.30(2).
Other factors include character, reputation, habits and mental
condition, employment and financial resources, fammily ties and
length of time at a residence, criminal record, juvenile
delinquency record, record of responding to court appearances
when required, the weight of evidence against the defendant and
probability of conviction. The court is required by the statue
to examine and balance all of these factors delineated in CPL
510.30(2), keeping in mind that the legitimate objective of the
bail system is to secure the attendance in court of a defendant.
Petitioner/Defendant notes the recent New York State Court
of Appeals decision, People ex rel. McManus v. Horn, 2012 WL
952409, March 22, 2012 , wherein the Court held that,
"[p]roviding flexible bail alternatives to pretrial detainees-
who are presumptively innocent until proven guilty beyond a
reasonable doubt-is consistent with the underlying purpose of
article 520. The legislation [CPL Article 520] was
intended to reform the restrictive bail scheme that existed in
the former Code of criminal Procedure in order to improve the
availability
10. In the case at bar, the bail set of $2,000,000 bond or
$1,000,000 cash is excessive in light of how the factors set
forth in CPL 510.30[2] relate to the Petitioner/Defendant. The
Petitioner/Defendant is a 44 year old married woman, a mother
with no criminal record. Her character, reputation, habits, and
mental condition, aside from the instant case, have never been
called into question. She has family ties, and has been a
resident of her Orange County, NY community for more than ten
years. While the Petitioner/ Defendant has been trying to start
a legitimate on-line dating service, and her husband is a real
estate agent, they are not a family of means. The
Petitioner/Defendant has no ability to raise the amount of money
required to meet the bail that has been set. In fact, it is so
disproportionate to the financial resources of the
Petitioner/Defendant that it is tantamount to remand.
Furthermore, the bail as has been set is completely
inappropriate for a single count of a low- level non-violent D
felony, a felony which permits a probationary sentence should a
conviction be attained. Although the People submit that they
have compelling evidence of the Petitioner/Defendant's guilt,
that does not change the fact that the instant offense is a non-
violent felony which does not require a sentence of jail time.
The Petitioner/Defendant submits that the court which set
bail in this case abused its discretion in setting such an
excessive bail. It appears that the only consideration of the
court was that the Petitioner/Defendant may be a flight risk,
based upon an allegation by the People that many years ago the
Petitioner/Defendant went to Canada when the police were possibly
11. investigating her. Besides being an unproven and unsupported
allegation, the Petitioner/Defendant asserts that at the time
when the Petitioner/Defendant did indeed travel to Canada, she
had not been arrested or charged with any crime, nor was there a
warrant issued for her arrest. Furthermore, she was never
subsequently charged with absconding, or any crime relating to
her travels.
The Court which set the bail did not have a rational basis
for setting it at such a high amount, as the reason given by the
Court for setting it was clearly insufficient in the eyes of the
law, and an abuse of discretion. Especially in light of all of
the other CPL 510.30(2) factors which are favorable to the
Petitioner/Defendant, which strongly support a reasonable bail
having been set, and which the bail setting court apparently did
not weigh. For the Court could have, and should have, set a much
lower bail which, considering the Petitioner/Defendant's
financial situation, and with the Petitioner/Defendant
surrendering her passport to the New York County District
Attorney's Office, would have guaranteed all of her appearances
in Court.
The Petitioner/Defendant is aware of the People's
allegation that the Petitioner/Defendant generated millions of
dollars over the years by promoting prostitution. However, the
Petitioner/Defendant submits that if that position had any truth
behind it, the Petitioner/Defendant would clearly have been able
to post her bail to attain her release. That is obviously not
the case. For bail to have been set in the millions for a D
felony, on a defendant with no prior record and who enjoys the
12. presumption of innocence, is outrageous.
Accordingly, the Petitioner/Defendant prays that this Court
grant this Writ of Habeas Corpus and issue an order setting a
reasonable bail in this case.
DATED: Chester, New York
-----' 2012
GARY GREENWALD, ESQ.
GREENWALD LAW OFFICES
99 Brookside Ave
Chester, NY 10918
845-469-4900