Sixth, it is asserted that one of plaintiff's experts, Dr. BY, improperly testified from two reports that did not constitute business records. Dr. BY was a psychologist and director of a free program for rehabilitation of the brain injured at New York University Hospital. Plaintiff had been enrolled in that program. The first report was in the nature of a graph which showed that plaintiff's progress as a file clerk was below normal. This graph was excluded from evidence. Over objection, Dr. BY was permitted to interpret it for the jury. A second report indicating the plaintiff's lack of progress on the job was admitted over the defendant BH Corp.'s motion to strike. Each of these reports were prepared one week before trial by an unnamed assistant of Dr. BY. The reports were not prepared in the regular course of business but were specifically prepared to assist Dr. BY with his testimony at trial. To an extent, these reports furnished evidence that was…
The defendant BH Corp. ...cont
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Council toughens sexual predator ordinance
4-21-15 Florida: The Marco Island City Council passed a tough new ordinance Monday that council members say has made Marco Island a less likely home for a registered sex offender or sexual predator. The ordinance and its more restrictive nature was a request made by councilman Amadeo Petricca. The new law is reflective of language found in a similar legislation enacted by the Miami-Dade County
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When a co-defendant is charged with the same offense: State v. Downs
For starters, let’s say that John Doe is charged with possession of a firearm when he is pulled over by police late one night. At the time he was charged, he was in a car with a friend who is indisputably the one who possessed the gun and concealed it under the seat of the car prior to the traffic stop. All reports from the law enforcement officers indicate that the weapon was possessed by the friend of your client. The officers searched the vehicle and found the gun under the friend’s seat. The State charged the friend with and is now trying to make an example of Doe. So what do you do? In this situation, where a 3rd party has actually been charged with same crime, easily satisfies the cases holding that the defendant may introduce “other suspect” evidence within the constitutional right to present the theory of the defense. While the State’s ability to argue that, both Doe and his friend could jointly commit the crime, this argument…
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Man Who Cooperated with Bank Fraud Investigation Sentenced to Probation
Mortgage Fraud Blog. Mark Avalos, 50, St. Peters, Missouri, was sentenced to five years probation and ordered to pay $497,000 in restitution after pleading guilty to bank fraud charges relating to his work as the controller for The Mortgage Store (TMS) in 2008. In imposing sentence, United States District Judge Henry E. Autrey noted Avalos’s cooperation in the criminal investigation into the collapse of TMS in 2008. The Mortgage Store (TMS) was a major mortgage brokering business which, by 2008, had offices in four states and hundreds of employees. Jason Rauschelbach and John York were the owners of TMS. Each of them pled guilty to a criminal conspiracy charge. Rauschelbach is presently serving a 24 month sentence and York is awaiting the designation of a prison facility where he will serve the 21 month sentence he received earlier this month. Court records relating to each of those cases showed that Rauschelbach and York took significant distributions from TMS even as…
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OKC Bus Driver Charged For DUI After Hitting At Least 3 Cars
An Oklahoma City bus driver is facing multiple charges including DUI after hitting several cars and driving up an embankment into a railroad bridge. The suspect, Odis Pitts, struck at least five cars and was eventually found unconscious at the scene. There were no kids on the bus, however authorities say Pitts may have been on the way to pick up students. Pitts is facing charges of leaving the scene of an accident, leaving the scene of an injury accident, and DUI. The post OKC Bus Driver Charged For DUI After Hitting At Least 3 Cars appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.
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Fraudster Jailed for Stealing More Than $187,000 in Mortgage Payments
Mortgage Fraud Blog. Mario Coniglione, 51, Staten Island, New York, was sentenced by Monmouth County Superior Court Judge Anthony J. Mellaci, Jr. to seven years in a New Jersey state prison for stealing more than $187,000 from a pair of homeowners over a 33 month period. The defendant was also ordered to pay restitution in the amount of $187,562.40 to the two victims. At his guilty plea in December 2015, Coniglione admitted he took payments from a Freehold couple totaling over $100,000 paid to him while purporting to act as a “broker” deceiving the couple into believing he had renegotiated the terms of their residential mortgage with their lender. Coniglione collected regular monthly payments from the couple, who believed the payments were being made towards their residential mortgage, and kept the payments for himself rather than forwarding the payments to the victim’s lender. Coniglione also admitted he stole more than $78,000 in mortgage payments from…
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Motorcycle Accidents
Quality Legal is passionate about helping those who have suffered terrible injuries through no fault of their own. Motorcyclists are especially susceptible to dangerous situations given their exposure and lack of protection around them. It is no surprise that much …The post Motorcycle Accidents appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.
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Entscheide der UEK - Übernahmekampf um die Sika AG
Mit Pressemitteilung vom 13. April 2015 teilte die FINMA mit, dass William H. Gates III und Melinda French Gates sowie die Cascade Investment L.L.C. Beschwerde gegen die Verfügung 598/01 der Übernahmekommission („UEK“) vom 1. April 2015 in Sachen Sika AG erhoben haben. Die UEK hatte mit vorstehender Verfügung festgestellt, dass das Opting out gemäss Art. 5 der Statuten der Sika AG („Ein Erwerber von Aktien der Gesellschaft ist nicht zu einem öffentlichen Kaufangebot nach den Artikeln 32 und 52 des Bundesgesetzes über die Börsen und den Effektenhandel verpflichtet.“) auf den Erwerb der Stimmenmehrheit an der Sika AG durch die Compagnie de Saint-Gobain Anwendung findet und die Transaktion entsprechend keine Pflicht zur Unterbreitung eines öffentlichen Kaufangebots auslöst. Die UEK bestätigte die herrschende Lehre, wonach eine Opting out-Klausel als Statutenbestimmung einer Publikumsgesellschaft wie ein…
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Freispruch für mutmaßlichen Besteller von Dopingmitteln
Allein aufgrund der Kundenliste können Besteller von Dopingmitteln, verschreibungspflichtigen Medikamenten oder Betäubungsmitteln nicht verurteilt werden. Dopingmittel, verschreibungspflichtige Arzneimittel oder Drogen...
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Franklin County sheriff fined for refusing to allow sex offender on work release
4-21-15 Washington: Franklin County Sheriff Jim Raymond was fined $100 after refusing to allow a sex offender into work release. Raymond said the jail’s rules for work release do not allow sex offenders to take part in the program. But Superior Court Judge Cameron Mitchell ordered a man who pleaded guilty to felony sex crimes to be allowed to leave the jail to go to work with GPS monitoring.
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Moriearty on Retroactivity of Proportionality Rules
Perry L. Moriearty (University of Minnesota - Twin Cities - School of Law) has posted Miller v. Alabama and the Retroactivity of Proportionality Rules (University of Pennsylvania Journal of Constitutional Law, Vol. 17, No. 4, 2015) on SSRN. Here is...
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Measuring and Counting
MEASURING Measuring is the assignment of a number, and all the uncertainties of that of that number, to something. The purpose of assigning a number is to give meaning to the object measured. Uncertainty: A bag placed upon a scale shows its weight to be 41 pounds. If the bag must be less than 50 pounds, then the number produced by the scale indicates it meets this requirement. However, you must know how far from its true value might the 41 pound number be off by? Uncertainty is the amount of doubt (e.g. the amount of possible variation) you should expect that number might be off. Fit for Purpose: Assume there are two scales. The same bag weighing 41 pounds is place on both scales. However, it was determined that Scale A produces numbers that can be off by as much as 30 pounds. It was also determined that the number produced by Scale B merely off by as much as 3 pounds. Knowing the amount of uncertainty contained in the…
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Will You Get Jail for an Interlock Violation?
Judges treat these very harshly. If you are facing interlock violations, you are likely looking at some period of jail time. How much we’re talking and what we can do to avoid that depends on the court that you’re in and the judge that we have for your ASAP violation. Contact me today to see how I can help you. © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Will You Get Jail for an Interlock Violation? appeared first on Andrew Flusche.
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Better Call Saul: Legal No-Nos in Dumpster Diving Scene
We’re still catching up on our “Better Call Saul” TV watching. For those who haven’t seen this show, it’s about the hard-luck life of Saul Goodman, a funny, bumbling-yet-smart criminal defense lawyer played by actor Bob Odenkirk. In my last post, I questioned why Saul let his client talk to the cops while Saul, client’s lawyer, was present (Better Call Saul: Would a Criminal Lawyer Really Do That?). In this current post, based on episode 8 in the series, I question Saul conducting a trash hit (AKA dumpster diving) in a case he’s representing. Let’s start with an overview of trash hits. What’s a Trash Hit? In a nutshell, a trash hit refers to searching garbage for evidence. I happen to understand trash hits exceptionally well as, back when I was a private investigator, I conduct dozens of “hits,” typically for my attorney-clients. My wife, who co-owned the PI agency with me, also did her…
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News Scan
Sex Offender Placement in Washington: A county in Washington state hopes that the governor will approve their proposal that would avoid concentrating the state's most violent sex offenders in one area. Jordan Schrader of the News Tribune reports that the proposal responds to the placement of nine released detainees in Pierce County, although none of them come from or committed crimes there. The proposal requires sex offenders be placed in the county where the crime was committed, unless proximity to their victim or lack of treatment services prevents it. Supreme Court Reconsiders Career Criminal Law: In Johnson v. United States, the Supreme Court is reconsidering the scope of the 1980s Armed Career Criminal Act which adds a 15-year prison term on armed career criminals. A defendant argues that the law is unconstitutionally vague on what crimes warrant the additional penalty. David G. Savage of the LA Times reports that the law cites…
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The Refusal Hearing–What Is It?
When operating a motor vehicle in the state of New York, drivers give their acceptance to provide a sample of their blood, breath, urine or saliva if requested to do so during the course of a valid traffic stop for a violation of the Vehicle & Traffic Law. If you are stopped by a police officer for a lane violation, for example (swerving between two lanes) or operating the car erratically, the officer is likely to ask you if you have been drinking anything of an alcoholic nature. Regardless of your response to that question, the officer can then ask you to blow into a device known as an “Alco-sensor.” If you do and the reading is positive, the officer has probable cause to arrest you for Driving While Intoxicated. What if you refuse to provide a breath, blood or urine sample? If you do so, you can still be arrested for DWI , based upon the officer’s observations of your walking, the color of your eyes, an odor of alcohol on your breath, or other…
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Idaho State Police Motorcycle Trooper Crashes on I-84 Near Cole Road
IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 4/21/15 at 2:40 p.m. MERIDIAN - An Idaho State Police trooper was involved in a crash on his 2009 Kawasaki Concourse patrol motorcycle at approximately 12:30 p.m. this afternoon while responding to another crash. Trooper Ben Comorosky was traveling eastbound on I-84 near the Cole Road 50B exit when he crashed at milepost 51. He suffered some injuries but none are believed to be life threatening. He was transported by ground ambulance to St. Alphonsus Regional Medical Center in Boise. The Boise Police Department responded to the crash and is leading the investigation. The left two lanes of eastbound I-84 between Cole Road and Orchard Street exits were blocked for approximately two hours. -----------
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Topic Survey: Drivers Admit to Crazy Distractions Behind the Wheel
Everyone’s probably been guilty of a form of distracted driving at some point in their lives – whether it’s answering a phone call while driving or changing the radio, we’ve all looked away from the road for a split second. However, a new survey about distracted driving, conducted by Erie Insurance, reveals that some of the things that people are doing from behind the wheel are much crazier -- not to mention much more dangerous -- than just adjusting the temperature.Infographic Reveals Unexpected Distracted Driver BehaviorsFollowing the conclusion of the study, Erie Insurance published an infographic outlining some of the behaviors that drivers reported doing while operating a motor vehicle. These behaviors are included in the list below.Taking selfiesReadingTextingStyling hairApplying makeupSmokingSingingDancingCurling eyelashesPutting in contact lensesBrushing teeth or flossingChanging clothesChanging driversEngaging in a public display of…
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Street Smart Campaign Helping Improve Pedestrian Safety in Trenton
In 2013, the number of pedestrian accidents that occurred in the state of New Jersey was almost double that of the national average. In response, federal officials (Federal Highway Administration) teamed up with the state of New Jersey (New Jersey Transportation Planning Authority) to launch the Street Smart website and campaign. The campaign was initially implemented at specific intersections in the towns of Newark, Jersey City, Long Beach Island, Woodbridge and Hackettstown.Promoting Pedestrian SafetyOne tactic that the campaign has used to raise awareness about pedestrian safety is to give out tickets to those drivers who don’t yield to pedestrians in sidewalks and to pedestrians who jaywalk or don’t wait for the light to turn. However, giving out tickets isn’t the only point of the program. Instead, the program seeks to change both pedestrian and driver behavior. The campaign asks drivers and pedestrian to "check your vital signs" and encourages…
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As if the Courts Didn't Have Enough to Do....
I am not making this up. It's from PBS."Chimpanzees Granted Habeas Corpus, a Right Normally Reserved for Humans"You gotta love the use of the word, "normally."
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More Pages to Explore .....
