IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND Civil Division DEMURRER. I. Facts

Size: px
Start display at page:

Download "IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND Civil Division DEMURRER. I. Facts"

Transcription

1 VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND Civil Division TERESA L. ALTEMUS, Plaintiff, v. Case No.: 760CL ROBERT D. HICKS, Defendant. DEMURRER The defendant, Robert D. Hicks ( Hicks ) submits this as his Demurrer to the Complaint filed by the plaintiff, Teresa L. Altemus (the Plaintiff ). I. Facts The Plaintiff is a member of the Gloucester County Board of Supervisors. He alleges that he and three other Supervisors were indicted by a grand jury for various offenses. Complaint Hicks is the Commonwealth s Attorney for Gloucester County, and the Complaint alleges that Hicks was disqualified from prosecuting the cases against the Supervisors. The court appointed a Special Prosecutor, and some time later she moved to dismiss the indictments. Her motion was granted and the indictments were dismissed. The Plaintiff alleges that Hicks thereafter defamed him by making four statements: 1. I think the cases were winnable. 2. I think I could have made those charges stick. 3. I think the charges [against the Supervisors] were viable. I think they should have been heard in an open courtroom.

2 4. That had Hicks not been disqualified, he could have secured convictions on some, if not all, of the charges against the Supervisors. See Complaint, 22, 25. In context, however, Hicks s remarks were aimed squarely at the Special Prosecutor, not at the Plaintiff. Complaint Exhibit E reports that Hicks disagreed with Dodson s legal conclusions that led the special prosecutor to ask for dismissal of the criminal charges, I think the charges were viable. I think they should have been heard in an open courtroom, he said. If they had, and Hicks were the prosecutor, he said he believes that he could have secured convictions on some, if not all, of the charges. Id. Hicks s statements in Complaint Exhibit D are similarly aimed not at the Plaintiff, but at the Special Prosecutor: Hicks said the motion to dismiss was oversimplified and flawed, and he criticized Dodson for not consulting with him about the indictment. I think the cases were winnable, he said. I think I could have made those charges stick. Id. II. Argument Legal Standard for Demurrer A demurrer admits the truth of the facts contained in the pleading to which it is addressed, as well as any facts that may be reasonably and fairly implied and inferred from those allegations. Cox Cable Hampton Roads, Inc. v. City of Norfolk, 242 Va. 394, 397, 410 S.E.2d 652, 653 (1991). A demurrer does not, however, admit the correctness of the pleader's conclusions of law. Ward's Equip., Inc. v. New Holland North America, Inc., 254 Va. 379, 382, 493 S.E.2d 516, 518 (1997). Elements of Defamation Claim 2

3 To state a cause of action for defamation a complaint must allege three elements: 1) publication, 2) of a false, defamatory statement, 3) with the requisite intent. Jordan v. Kollman, 269 Va. 569, 575, 612 S.E.2d 203, 206 (2005). The false statement must be alleged with particularity and tend so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. Chapin v. Knight- Ridder, Inc., 993 F.2d 1087, 1092 (1993); see also Perk v. Vector Resources Group. Ltd., 253 Va. 310, 317, 485 S.E.2d 140, 144 (1997). Actual Malice Standard The right to seek legal redress for defamation is constrained by the protections of free speech set forth in the First Amendment to the United States Constitution and Article I, Section 12 of the Constitution of Virginia. Yeagle v. Collegiate Times, 255 Va. 293, 295, 497 S.E.2d 136, 137 (1998). The intent required to prove defamation depends, in part, on whether a plaintiff is a public figure. See Jordan, 269 Va. at 576, 612 S.E.2d at 207. In New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the Court held that a public official may not recover damages for defamatory falsehoods related to his official conduct except upon proof that the defamatory statement was made with actual malice that is, with knowledge that it was false or with reckless disregard of whether it was false or not. Id. at ; see also Monitor Patriot Co. v. Roy, 401 U.S. 265, (1971) (proof of actual malice required when political candidate alleges defamatory statements related to his fitness for office). In the case at bar, because the Plaintiff was a political officeholder at the time of the allegedly defamatory remarks, he was unquestionably a public figure who must plead and prove actual malice in order to recover. 3

4 See Jackson v. Hartig, 274 Va. 219, , 645 S.E.2d 303 (2007) ( since the alleged defamatory statements clearly spoke to [the plaintiff s] qualifications for elective office, this case falls squarely within the New York Times framework. ) (citing Ocala Star-Banner Co. v. Damron, 401 U.S. 295, (1971)). Hicks s Statements Are Opinion and Are Not Actionable The Complaint alleges that Hicks made the following statements: 1. I think the cases were winnable. 2. I think I could have made those charges stick. 3. I think the charges [against the Supervisors] were viable. I think they should have been heard in an open courtroom. 4. That had Hicks not been disqualified, he could have secured convictions on some, if not all, of the charges against the Supervisors. None of those remarks states facts that are provably false. They are opinions and are not actionable under the law of Virginia. Fuste v. Riverside Healthcare Association, Inc., 265 Va. 127, 132, 575 S.E.2d 858, 861 (2003). Such statements enjoy constitutional protection. Statements that are not verifiable are protected by the First Amendment and do not state a cause of action for defamation. Speech that does not contain a provably false factual connotation, or statements which cannot reasonably be interpreted as stating actual facts about a person, are not actionable. Tronfeld v. Nationwide Mutual Ins. Co., 272 Va. 709, 714, 636 S.E.2d 447 (2006) (citing Yeagle v. Collegiate Times, 255 Va. 293, 295, 497 S.E.2d 136, 137 (1998) and Milkovich v. Lorain Journal Co., 497 U.S. 1, 16-17, 20 (1990)); see also Snyder v. Phelps, 580 F.3d 206, (4th Cir. 2009). The Fourth Circuit in Snyder focused on the verifiability of the 4

5 [allegedly defamatory] statement, because a statement not subject to objective verification is not likely to assert actual facts. Id. (citing Chapin v. Knight-Ridder, Inc., 993 F.2d at 1093); see also Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222, 1227 (7th Cir. 1993) ( [I]f it is plain that the speaker is expressing a subjective view, an interpretation, a theory, conjecture, or surmise, rather than claiming to be in possession of objectively verifiable facts, the statement is not actionable. ). Snyder recognized that there are two subcategories of speech that cannot reasonably be interpreted as stating actual facts about an individual, and that thus constitute speech that is constitutionally protected. To begin with, the First Amendment protects statements on matters of public concern that fail to contain a provably false factual connotation. Id. (citing Milkovich, 497 U.S. at 20. Whether challenged speech involves a matter of public concern requires examining the content, form, and context of such speech. Id. (citing Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 761 (1985)). Speech involves a matter of public concern when it involves an issue of social, political, or other interest to a community. Kirby v. City of Elizabeth City, N.C., 388 F.3d 440, 446 (4th Cir. 2004). By any measure, Hicks s remarks in the case at bar were on a matter of public concern because they addressed the disposition of criminal charges against four County Supervisors. The second type of protected remarks are rhetorical statements employing loose, figurative, or hyperbolic language which are entitled to First Amendment protection to ensure that public debate will not suffer for lack of imaginative expression or the rhetorical hyperbole which has traditionally added much to the discourse of our Nation. Snyder, 580 F.3d at 220 (quoting Milkovich, 497 U.S. at 20-21); see also Greenbelt Coop. Publ'g Ass'n v. 5

6 Bresler, 398 U.S. 6, (1970) (treating description of negotiating position as blackmail as epithet not conveying commission of actual crime). Whether an alleged defamatory statement is one of fact or of opinion is a question of law to be resolved by the trial court. WJLA-TV, 264 Va. at , 564 S.E.2d at 392. In the same respect, courts assess as a matter of law whether speech contains rhetorical hyperbole protected by the First Amendment. See CACI Premier Tech., Inc. v. Rhodes, 536 F.3d 280, 294 (4th Cir. 2008); Snyder, 580 F.3d at 220. Hicks s statements fall within both categories of protected speech. First, none of the challenged statements contains provably false facts. Statement 1 cannot be proven false because no one can now conclusively establish that the cases were not winnable, for the fundamental reason that the cases were not prosecuted. Statement 1 is thus no more factual and subject to proof than the statement, the Vietnam War was winnable. Moreover, cases can be won by means other than convictions on the charges actually brought. Plea bargains are a common feature of criminal prosecutions, and when such deals are struck, both sides can claim that they have won. There is simply no way to tell now whether, if the cases had been prosecuted to the fullest extent of the law, the Plaintiff would have been convicted, acquitted, or accepted a plea bargain. Statements 2 and 4 are similarly speculative, inasmuch as they relate to events that did not occur and cannot occur. No one knows what would have happened if Hicks had prosecuted the Plaintiff. What is factual is that Hicks did not prosecute the Plaintiff. Statements 2 and 4 are on a par with statements such as: if I quarterbacked the Redskins they d win the NFC East or if I had prosecuted Zacharias Moussaoui he would have received the death penalty. They are 6

7 sheer speculations on what might have been, but was not. Finally, Statement 3 averred that the charges were viable, which is a vaguer version of Statements 2 and 4, and that the charges should have been heard in court. The latter phrase is not defamatory for two reasons: (i) it is an opinion incapable of being proven true or false; and (ii) it is not injurious to the Plaintiff s reputation. Milkovich is particularly instructive. In Milkovich, the defendant wrote a column stating that the plaintiff told a lie when he testified under oath. The Court found that the statement was not an opinion, because it was capable of being proven true or false in a perjury prosecution. Unlike a subjective assertion, the averred defamatory language is an articulation of an objectively verifiable event. Milkovich, 497 U.S. at 22. Here, in contrast, the judicial proceeding under discussion (the charges against the Plaintiff) had already concluded at the time of the allegedly defamatory remarks. Hicks s remarks related to a purely theoretical reality, an imagined outcome that could not and would not come to pass. There is no equivalent in the case at bar to the (theoretically possible) perjury prosecution in Milkovich. Hicks s four statements are thus not only not verifiable, they are precisely the kind of rhetorical or hyperbolic language protected under the second category of constitutionally sheltered speech. Consistent with Milkovich, the Supreme Court of Virginia has held that [s]tatements that are relative in nature and depend largely upon the speaker's viewpoint are expressions of opinion. Fuste v. Riverside Healthcare Ass n, 265 Va. 127, 132, 575 S.E.2d 858, 861 (2003). Additionally, [s]peech that does not contain a provably false factual connotation is sometimes referred to as pure expressions of opinion. WJLA-TV v. Levin, 264 Va. 140, 156, 564 S.E.2d 383, 392 (2002). It is firmly established that pure expressions of opinion are protected by both 7

8 the First Amendment to the Federal Constitution and Article I, Section 12 of the Constitution of Virginia and, therefore, cannot form the basis of a defamation action. Williams v. Garraghty, 249 Va. 224, 233, 455 S.E.2d 209, 215 (1995); see also Steinla v. Jackson, 42 Va. Cir. 281 (City of Winchester Cir. Ct. 1997) ( [O]pinion statements, defamatory or otherwise, are not actionable unless they contain provably true or false factual connotations. ) (citing Milkovich, 497 U.S. at 17-20); Raytheon Technical Services Co. v. Hyland, 273 Va. 292, 303, 641 S.E.2d 84 (2007) ( the Supreme Court refused to create a wholesale defamation exemption for anything that might be labeled opinion,... instead holding that opinions may be actionable where they imply an assertion of objective fact. ) (internal citations omitted). Courts routinely, and understandably, hold that speech that forecasts future events is not defamatory because it is not verifiable and does not imply an assertion of objective fact. In Uline, Inc. v. JIT Packaging, Inc., 437 F. Supp. 2d 793, 804 (N. D. Ill. 2006), for example, the court held that a statement about the plaintiff s future financial condition was not defamatory because it was a prediction. [The statement] is not actionable as defamation since a prediction of future events can neither be true nor false. Id. at 804. See also Wilkow v. Forbes, 241 F.3d 552, 555 (7 th Cir. 2001) (stating that if it is plain that the speaker is expressing a subjective view, an interpretation, a theory, conjecture, or surmise, rather than claiming to be in possession of objectively verifiable facts, the statement is not actionable) (quoting Haynes v. Alfred A. Knopf, Inc. 8 F.3d 1222, 1227 (7 th Cir. 1993)). In Habeck v. Cosby, Case No. CL (Chesterfield County Cir. Ct., January 22, 2009) (attached as Exhibit A hereto), Judge Gill recognized that Milkovich requires inquiry into whether the allegedly defamatory remarks state actual facts about an individual, and whether the statement is verifiable. The court ruled that 8

9 statements regarding potential future actions of Chesterfield County are not verifiable as they speak to things that have not happened yet. In the case at bar, Hicks s statements are doubly non-verifiable: not only are they predictions, they are predictions that relate to a nonexistent future, one where Hicks was not disqualified as prosecutor. In Partington v. Bugliosi, 825 F. Supp. 906 (D. Haw. 1993), affirmed, 56 F.3d 1147 (9 th Cir. 1995), the defendant, a criminal lawyer, told his client that If I defend you the way Partington [another criminal lawyer] is defending [a co-defendant], you ll spend the rest of your life in prison. The court held that the statement was pure opinion under Milkovich, because it could not be proven true or false. The court reasoned that [t]he instant statement like the statements Judge Jones often makes erroneous rulings and Attorney Alfred blew the case are not actionable because attorneys and judges alike are not immune from such statements that do not imply underlying defamatory facts. Criticisms of trial strategy make no such implication. Context is of critical importance in evaluating whether a statement is defamatory. See Fuste v. Riverside Healthcare Assoc., 265 Va. 127, 133, 575 S.E.2d 858 (2003), which cited Blue Ridge Bank v. Veribanc, Inc., 866 F.2d 681, 685 (4th Cir. 1989) for the proposition that a speaker's choice of words and the context of an alleged defamatory statement within the speech as a whole are factors to consider when deciding if a challenged statement is one of fact or opinion. Here, the context of Hicks s remarks shows that he was not aiming his remarks at the Plaintiff; he was instead criticizing the special prosecutor s decision to drop the charges. In Complaint Exhibit E, the newspaper reported that Hicks disagreed with Dodson s legal conclusions that led the special prosecutor to ask for dismissal of the criminal charges, I think the charges were viable. I think they should have been heard in an open courtroom, he said. If 9

10 they had, and Hicks were the prosecutor, he said he believes that he could have secured convictions on some, if not all, of the charges. Hicks s statements in Complaint Exhibit D are similarly aimed not at the Plaintiff, but at the special prosecutor: Hicks said the motion to dismiss was oversimplified and flawed, and he criticized Dodson for not consulting with him about the indictment. I think the cases were winnable, he said. I think I could have made those charges stick. The United States Supreme Court has insisted that debate on public issues remains uninhibited, robust, and wide-open. New York Times, 376 U.S. at 270 (quoted in Milkovich, 497 U.S. at 21). Hicks s statements, in context, are a paradigm of uninhibited and robust debate about an issue of unquestioned public importance. Hicks objected to a prosecutor s decision to drop criminal charges and said that he might have succeeded where she declined to fight. To permit this case to proceed would chill free speech in violation of the First Amendment because it would subject any critic of a prosecutor s decision to drop charges to a potential defamation lawsuit. Recently, United States Attorney General Eric Holder issued a public statement concerning the upcoming criminal trial of Khalid Sheikh Mohammed. There is really, from my perspective, very compelling evidence that I m not at liberty to discuss now that will probably not be revealed until we are in a trial setting, he said. The evidence that I am not talking about I think is compelling, is not tainted, and I think it will prove to be decisive in this case. See Exhibit B, Excerpt from the Weekly Standard, posted November 18, President Obama, for his part, told an NBC reporter, I don t think it will be offensive at all when he s convicted and when the death penalty is applied to him. See 10

11 critics-of-ksm-trial (last visited December 22, 2009). The Attorney General and the President had better be right, because under the Plaintiff s theory in this case, if the United States is unsuccessful prosecuting Mohammed, Mohammed will be able to sue Messrs. Holder and Obama for defamation. III. Conclusion For the reasons stated, Robert D. Hicks respectfully requests that the Court dismiss this case with prejudice. ROBERT D. HICKS John A. Gibney, Jr. VSB No Robert A. Dybing, VSB No Attorneys for Defendant ThompsonMcMullan, P.C. 100 Shockoe Slip, Third Floor Richmond, Virginia Telephone: (804) Fax: (804) Certificate of Service By: Counsel I certify that on December 28, 2009, I mailed a copy of the foregoing to Anthony F. Troy, Esq., William H. Hurd, Esq., and Michael E. Lacy, Esq., Troutman Sanders LLP, PO Box 1122, Richmond, Virginia

IN THE SUPREME COURT OF VIRGINIA. Record No. 091535 DWIGHT KEITH SMITH, COMMONWEALTH OF VIRGINIA

IN THE SUPREME COURT OF VIRGINIA. Record No. 091535 DWIGHT KEITH SMITH, COMMONWEALTH OF VIRGINIA IN THE SUPREME COURT OF VIRGINIA Record No. 091535 DWIGHT KEITH SMITH, Appellant, v. COMMONWEALTH OF VIRGINIA Appellee. BRIEF OF AMICUS CURIAE AMERICAN CIVIL LIBERTIES UNION OF VIRGINIA, INC. IN SUPPORT

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS

More information

Information For Defendants About Getting A Court-Appointed Attorney

Information For Defendants About Getting A Court-Appointed Attorney Information For Defendants About Getting A Court-Appointed Attorney If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney. May

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOSEPH GIBBS, Plaintiff, v. Civil Action No. 98-787-JJF JOHN P. DECKERS, et al., Defendants. Darryl K. Fountain, Esquire, LAW OFFICES OF

More information

Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL HINTON, ) ) Plaintiff, ) ) v. ) 1:09-cv-00554-JAW ) OUTBOARD MARINE

More information

INMATE FORM FOR CIVIL ACTIONS FILED IN THE SUPREME COURT OF GEORGIA

INMATE FORM FOR CIVIL ACTIONS FILED IN THE SUPREME COURT OF GEORGIA INMATE FORM FOR CIVIL ACTIONS FILED IN THE SUPREME COURT OF GEORGIA INSTRUCTIONS READ CAREFULLY (NOTE: OCGA 9-10-14 (a) requires the proper use of this form, and failure to use this form as required will

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE B168765

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE B168765 Filed 2/5/04 Grace v. ebay CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 130250-U FIFTH DIVISION September 12, 2014 No. 1-13-0250 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge

JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge PRESENT: ALL THE JUSTICES MARK FIVE CONSTRUCTION, INC., TO THE USE OF AMERICAN ECONOMY INSURANCE CO. OPINION BY JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007 CASTLE CONTRACTORS, ET AL. FROM

More information

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Aliano et al. v. Templeton Rye Spirits, LLC, Case No. 2014-CH-15667 (Cir. Ct. Cook Cnty., Ill.) IF YOU PURCHASED TEMPLETON RYE WHISKEY FROM JANUARY 1, 2006 TO

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:12-cv-02030-DDN Doc. #: 42 Filed: 06/19/13 Page: 1 of 8 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MARY HAYDEN, ) individually and as plaintiff

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

2:10-cv-14822-AJT-DRG Doc # 7 Filed 03/30/11 Pg 1 of 7 Pg ID 65 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:10-cv-14822-AJT-DRG Doc # 7 Filed 03/30/11 Pg 1 of 7 Pg ID 65 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:10-cv-14822-AJT-DRG Doc # 7 Filed 03/30/11 Pg 1 of 7 Pg ID 65 MICHAEL ANTONIO BOLDEN, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Plaintiff, Civil Action No. 2:10-CV-14822

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41952 MICHAEL T. HAYES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2015 Unpublished Opinion No. 634 Filed: September 16, 2015 Stephen

More information

COMMONWEALTH OF VIRGINIA, ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 060774 January 12, 2007

COMMONWEALTH OF VIRGINIA, ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 060774 January 12, 2007 Present: All the Justices COMMONWEALTH OF VIRGINIA, ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 060774 January 12, 2007 KAREN BURNS, ET AL. FROM THE CIRCUIT COURT OF CAMPBELL COUNTY

More information

Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ARTHUR R. and JANE M. TUBBS, : individually and on behalf of : others similarly

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : : : : : : : O R D E R

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : : : : : : : O R D E R IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN I. GORDON, ESQUIRE v. MICHAEL O. PANSINI, ESQUIRE, et al. JUNE TERM, 2011 NO. 02241

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA STATE OF MISSISSIPPI APPELLEE

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA STATE OF MISSISSIPPI APPELLEE IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA FREDDIE LEE MARTIN A/K/A FREDDIE L. MARTIN APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 01/08/2013 TRIAL JUDGE:

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information

Case: 1:11-cv-07802 Document #: 48 Filed: 03/12/14 Page 1 of 7 PageID #:

Case: 1:11-cv-07802 Document #: 48 Filed: 03/12/14 Page 1 of 7 PageID #:<pageid> Case: 1:11-cv-07802 Document #: 48 Filed: 03/12/14 Page 1 of 7 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VONZELL WHITE, Plaintiff, Case

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

Case 3:06-cv-01710-JCH Document 87 Filed 04/19/2007 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

Case 3:06-cv-01710-JCH Document 87 Filed 04/19/2007 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT Case 3:06-cv-01710-JCH Document 87 Filed 04/19/007 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT DOCTOR S ASSOCIATES, INC., : Plaintiff : : CIVIL ACTION NO. v. : 3:06-cv-1710

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 14-3137 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lacresia Joy White lllllllllllllllllllll Defendant - Appellant Appeal

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA IN RE: CASE NO. JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 SECURITY RESOURCES, L.L.C. ADV. NO and INTERFACE SECURITY SYSTEMS, L.L.C. 04-1005

More information

Case 3:06-cv-01134-P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59

Case 3:06-cv-01134-P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59 Case 3:06-cv-01134-P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WILLIAM HAROLD GIDNEY, JR., ) Plaintiff, ) )

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:14-cv-00873-JLK Document 60 Filed 07/20/15 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 1:14-cv-00873-JLK DEBORAH CARTER, v. Plaintiff,

More information

Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION FRANCIS MACKEY DAVISON, III, Petitioner, vs. Case No.

More information

Case 3:10-cv-00546-L Document 7 Filed 05/27/10 Page 1 of 7 PageID 31 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:10-cv-00546-L Document 7 Filed 05/27/10 Page 1 of 7 PageID 31 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:10-cv-00546-L Document 7 Filed 05/27/10 Page 1 of 7 PageID 31 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL RIDDLE Plaintiff, v. CIVIL ACTION NO. 3:10-cv-00546-L

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

apply the enhanced statutory penalty. 9 chic 57109(b). ~~~~~~~ALT~ OF THE EodQRTHERN MARIANA ISLANDS Mathew %ROICHI

apply the enhanced statutory penalty. 9 chic 57109(b). ~~~~~~~ALT~ OF THE EodQRTHERN MARIANA ISLANDS Mathew %ROICHI ~~~~~~~ALT~ OF THE EodQRTHERN MARIANA ISLANDS Mathew %ROICHI Traffic Case No. 87-242 Commonwealth Trial Court Decided April 9, 1987 1. Criminal Law - Indictment & Information Even if an information fails

More information

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF

More information

Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RAFFAELE M. PANDOZY, Ph.D., Plaintiff, v. Civil Action

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY DEAN SMITH, on behalf of himself and Others similarly situated, v. Michael Harrison, Esquire, Plaintiff, Defendant. OPINION Civ. No. 07-4255 (WHW) Walls,

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 04-4684

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 04-4684 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4684 UNITED STATES OF AMERICA, versus Plaintiff - Appellee, BERNARD JERIDORE, a/k/a Benny B, a/k/a Bernie, Defendant - Appellant.

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

v. Record No. 011732 OPINION BY JUSTICE ELIZABETH B. LACY March 1, 2002 TRACTOR SUPPLY COMPANY

v. Record No. 011732 OPINION BY JUSTICE ELIZABETH B. LACY March 1, 2002 TRACTOR SUPPLY COMPANY Present: All the Justices LINDA ROWAN v. Record No. 011732 OPINION BY JUSTICE ELIZABETH B. LACY March 1, 2002 TRACTOR SUPPLY COMPANY UPON A QUESTION OF LAW CERTIFIED BY THE UNITED STATES DISTRICT COURT

More information

UNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant )

UNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) RECOMMENDED DECISION ON MOTION TO SUPPRESS Halvor Carl, charged with

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,

More information

People v King 2013 NY Slip Op 31577(U) June 28, 2013 Supreme Court, Kings County Docket Number: 4321/1986 Judge: William M. Harrington Republished

People v King 2013 NY Slip Op 31577(U) June 28, 2013 Supreme Court, Kings County Docket Number: 4321/1986 Judge: William M. Harrington Republished People v King 2013 NY Slip Op 31577(U) June 28, 2013 Supreme Court, Kings County Docket Number: 4321/1986 Judge: William M. Harrington Republished from New York State Unified Court System's E-Courts Service.

More information

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION SO ORDERED. SIGNED this 22nd day of February, 2013. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: Joseph Walter Melara and Shyrell Lynn Melara, Case No.

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ORDER

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ORDER IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ERIE INSURANCE EXCHANGE Plaintiff : JANUARY TERM 2008 : : No. 4100 v. : : COMMERCE PROGRAM

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ORDER Case 4:02-cv-00066-HL Document 136 Filed 02/10/09 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION UNITED STATES OF AMERICA : ex rel. GLENN F. NICHOLS

More information

ATTORNEY GENERAL OPINION NO. 86-172. Timothy J. Chambers Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501

ATTORNEY GENERAL OPINION NO. 86-172. Timothy J. Chambers Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501 ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1986 ATTORNEY GENERAL OPINION NO. 86-172 Timothy J. Chambers Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501 Re:

More information

ORDER. Objections of Defendants Laurence A. Mester ( Mester ) and Villa Development, LLC

ORDER. Objections of Defendants Laurence A. Mester ( Mester ) and Villa Development, LLC IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : VILLAR MANAGEMENT, LLC, : OCTOBER TERM 2007 Plaintiff, : : No. 1319 v. : : VILLA DEVELOPMENT,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 15-12302 Non-Argument Calendar. D.C. Docket No. 2:14-cr-14008-JEM-1

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 15-12302 Non-Argument Calendar. D.C. Docket No. 2:14-cr-14008-JEM-1 Case: 15-12302 Date Filed: 02/10/2016 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-12302 Non-Argument Calendar D.C. Docket No. 2:14-cr-14008-JEM-1

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO COLORADO CRIMINAL DEFENSE BAR, a Colorado non-profit corporation; COLORADO CRIMINAL JUSTICE REFORM COALITION, a Colorado

More information

Case 1:12-cv-01164-LY Document 38 Filed 02/21/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:12-cv-01164-LY Document 38 Filed 02/21/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Case 1:12-cv-01164-LY Document 38 Filed 02/21/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION CARONARDA FERNANDA BENBOW V. A-12-CV-1164 LY LIBERTY MUTUAL

More information

Case: 1:08-cr-00220-PAG Doc #: 24 Filed: 09/29/08 1 of 5. PageID #: 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 1:08-cr-00220-PAG Doc #: 24 Filed: 09/29/08 1 of 5. PageID #: 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 1:08-cr-00220-PAG Doc #: 24 Filed: 09/29/08 1 of 5. PageID #: 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA CASE NO. 08 CR 220 Plaintiff, JUDGE

More information

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Case 307-cr-00289-M Document 368 Filed 08/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, v. DON HILL, et al., Defendants. NO. 307CR289-R ELECTRONICALLY

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller Occasionally, a defendant, while incarcerated and apparently having nothing better to do, will file a Motion under RCr. 11.42,

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL The Superior Court has authorized this notice. This is not a solicitation

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Case Nos. 06-2262 and 06-2384 CON-WAY TRANSPORTATION SERVICES, INC. Appellant No.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Case Nos. 06-2262 and 06-2384 CON-WAY TRANSPORTATION SERVICES, INC. Appellant No. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Case Nos. 06-2262 and 06-2384 NOT PRECEDENTIAL CON-WAY TRANSPORTATION SERVICES, INC., Appellant No. 06-2262 v. REGSCAN, INC. CON-WAY TRANSPORTATION

More information

Case 1:07-cr-00220-BSJ Document 30 Filed 08/17/2007 Page 1 of 11

Case 1:07-cr-00220-BSJ Document 30 Filed 08/17/2007 Page 1 of 11 Case 1:07-cr-00220-BSJ Document 30 Filed 08/17/2007 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA V. 07 Cr. 220 (BSJ) PAUL BARNABA, GOVERNMENT S MEMORANDUM

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA Paul L. Hoffman, CSB #1 Michael D. Seplow, CSB # 0 K. Arianne Jordan, CSB # 1 SCHONBRUN DeSIMONE SEPLOW HARRIS & HOFFMAN LLP Ocean Front Walk Venice, California 01 Telephone: ( -01 Fax: ( -00 Gloria Allred,

More information

Case 2:07-cv-00314-JES-SPC Document 16 Filed 08/23/07 Page 1 of 7 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 2:07-cv-00314-JES-SPC Document 16 Filed 08/23/07 Page 1 of 7 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Case 2:07-cv-00314-JES-SPC Document 16 Filed 08/23/07 Page 1 of 7 TAMARA DUNN, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Plaintiff, vs. Case No. 2:07-cv-314-FtM-29SPC

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY

More information

People v Bakntiyar 2014 NY Slip Op 32137(U) June 27, 2014 Supreme Court, Kings County Docket Number: 10521/2012 Judge: Danny K.

People v Bakntiyar 2014 NY Slip Op 32137(U) June 27, 2014 Supreme Court, Kings County Docket Number: 10521/2012 Judge: Danny K. People v Bakntiyar 2014 NY Slip Op 32137(U) June 27, 2014 Supreme Court, Kings County Docket Number: 10521/2012 Judge: Danny K. Chun Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),

More information

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA : CHRISTOPHER KORNICKI : CIVIL TRIAL DIVISION : Appellants, : MARCH TERM, 2006 : No. 2735 v. : : Superior Court

More information

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Hoover v. Hi Tech Pharmacal Co., Inc. Case No. EDCV 13 00097 JGB (OPx) If you purchased a product manufactured by Hi Tech Pharmacal Co., Inc., called Nasal Ease

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No. Entered: July 31, 2013 Case 13-00202 Doc 20 Filed 07/31/13 Page 1 of 10 Date signed July 31, 2013 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT In Re: Fely Sison Tanamor

More information

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: BRADLEY J. EDWARDS and PAUL G.

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: BRADLEY J. EDWARDS and PAUL G. IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: BRADLEY J. EDWARDS and PAUL G. CASSELL, vs. Plaintiffs, ALAN M. DERSHOWITZ, Defendant. COMPLAINT Plaintiffs,

More information

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This

More information

Case 1:07-cv-00039-PGC Document 12 Filed 07/20/07 Page 1 of 13 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case 1:07-cv-00039-PGC Document 12 Filed 07/20/07 Page 1 of 13 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION Case 1:07-cv-00039-PGC Document 12 Filed 07/20/07 Page 1 of 13 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION JOE R. ALVARADO, Petitioner, ORDER DENYING MOTION PURSUANT TO 28 U.S.C.

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

If/ehJ~ TO PENNSYLVANIA'S COURTS

If/ehJ~ TO PENNSYLVANIA'S COURTS If/ehJ~ TO PENNSYLVANIA'S COURTS ThiS guide is intended to acquaint you with Pennsylvania's judicial system. It provides an overview of how our courts are organized and the kinds of work they do. We hope

More information

Case 1:13-cr-00133-SS Document 79 Filed 11/14/13 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:13-cr-00133-SS Document 79 Filed 11/14/13 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Case 1:13-cr-00133-SS Document 79 Filed 11/14/13 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA, Plaintiff v. GREGORY P. BOYD, Defendant No.

More information

The Libel and Slander Act

The Libel and Slander Act 1 c. L-14 The Libel and Slander Act being Chapter L-14 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1980-81, c.21; 1984-85-86,

More information

Corporate Counsel Beware: Limits Of 'No Contact Rule'

Corporate Counsel Beware: Limits Of 'No Contact Rule' Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Corporate Counsel Beware: Limits Of 'No Contact Rule'

More information

Case 1:13-cv-01650-TWP-MJD Document 24 Filed 06/27/14 Page 1 of 7 PageID #:

Case 1:13-cv-01650-TWP-MJD Document 24 Filed 06/27/14 Page 1 of 7 PageID #: <pageid> Case 1:13-cv-01650-TWP-MJD Document 24 Filed 06/27/14 Page 1 of 7 PageID #: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION SEAN SMITH, v. Plaintiff, UTAH VALLEY

More information

Case 3:11-cv-01242-N Document 6 Filed 06/29/11 Page 1 of 5 PageID 20

Case 3:11-cv-01242-N Document 6 Filed 06/29/11 Page 1 of 5 PageID 20 Case 3:11-cv-01242-N Document 6 Filed 06/29/11 Page 1 of 5 PageID 20 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SENRICK SHERN WILKERSON, ) Plaintiff, ) ) v.

More information

Preparing a Federal Case

Preparing a Federal Case Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA Preparing a Federal Case If you are reading this, you are probably proceeding on your own in court without the help of an attorney. This is often called

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Case 3:11-cv-02791-D Document 11 Filed 02/08/12 Page 1 of 8 PageID 62

Case 3:11-cv-02791-D Document 11 Filed 02/08/12 Page 1 of 8 PageID 62 Case 3:11-cv-02791-D Document 11 Filed 02/08/12 Page 1 of 8 PageID 62 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHNNY RAY JOHNSON, # 483120, Plaintiff, v.

More information

Offering Defense Witnesses to New York Grand Juries. Your client has just been held for the action of the Grand Jury. Although you

Offering Defense Witnesses to New York Grand Juries. Your client has just been held for the action of the Grand Jury. Although you Offering Defense Witnesses to New York Grand Juries By: Mark M. Baker 1 Your client has just been held for the action of the Grand Jury. Although you have a valid defense, you do not want your client to

More information

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Norfolk Division. This matter comes before the court on defendant Autonomy Corp.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Norfolk Division. This matter comes before the court on defendant Autonomy Corp. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division FILED APR 2 6 2011 ADISCOV, L.L.C., Plaintiff, CLERK. U.S. DISTRICT COUHT Uny.l e'.i K VA v. Civil No. 2:llcv201 AUTONOMY

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO. Court Address: 1437 Bannock Street Denver, CO 80202

DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO. Court Address: 1437 Bannock Street Denver, CO 80202 DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Court Address: 1437 Bannock Street Denver, CO 80202 Plaintiff: JOHN GLEASON, in his official capacity as Supreme Court Attorney Regulation Counsel vs.

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS

More information

2013 IL App (1st) 120898-U. No. 1-12-0898

2013 IL App (1st) 120898-U. No. 1-12-0898 2013 IL App (1st) 120898-U FOURTH DIVISION March 28, 2013 No. 1-12-0898 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 LISA KOWALSKI, a Florida resident, v. Plaintiff/Counterdefendant, JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan

More information

VIRGINIA: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD MEMORANDUM ORDER

VIRGINIA: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD MEMORANDUM ORDER VIRGINIA: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF: VSB Docket No. 08-052-073229 STEPHEN ALAN BAMBERGER MEMORANDUM ORDER This matter came on August 23, 2011, to be heard on the

More information

Illinois Compiled Statutes. HIGHER EDUCATION (110 ILCS 1005/) Private College Act.

Illinois Compiled Statutes. HIGHER EDUCATION (110 ILCS 1005/) Private College Act. Illinois Compiled Statutes HIGHER EDUCATION (110 ILCS 1005/) Private College Act. (110 ILCS 1005/0.01) (from Ch. 144, par. 120) Sec. 0.01. Short title. This Act may be cited as the Private College Act.

More information

File a Written Response with the Court Answering Your Summons and Complaint

File a Written Response with the Court Answering Your Summons and Complaint Sacramento County Public Law Library & Civil Self Help Center 609 9 th Street Sacramento, CA 95814 (916) 874-6012 www.saclaw.org RESPONDING TO A LAWSUIT File a Written Response with the Court Answering

More information

FILED August 17, 2015 Carla Bender 4 th District Appellate Court, IL

FILED August 17, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 140825-U NO. 4-14-0825

More information