A New York Criminal Lawyer said the plaintiffs filed an appeal with the New York Appellate Court for the dismissal of their complaint against the defendants, who are police officers and government officials, on the grounds of absolute and qualified immunity. he appellants sued the respondents because of their wrongful…
Articles Posted in Criminal Procedure
Court Rules on Elements of Petit Larceny
By information the appellant was charged in one count with breaking and entering a dwelling with intent to commit a felony, aggravated assault, in violation of § 810.01 Fla.Stat., F.S.A., and in a second count with aggravated assault, in violation of § 784.04 Fla.Stat., F.S.A. a Miami Petit Larceny Lawyer…
Court Discusses Constitutionality of Prison Reforms Law
The case refers to an appeal submitted by the Texas prison officials for the denial of their motions to terminate prospective relief by the district court. The relevant facts and procedural background of the case has transpired for almost 30 years. A New York Criminal Lawyer said that several criminal…
Court Discusses Specific Elements of Petit Larceny
In this criminal case, shortly before 10 p.m. on May 16, 1969, the police were summoned by a neighbor to investigate a breaking and entering at the home of the spouses’ victims. The police officers were the first to arrive at the scene. A New York Criminal Lawyer said the…
Court Hears Child Abuse Case
The issue being discussed in the appeal filed before the court is whether the Louisiana child protection workers are entitled to absolute or qualified immunity for their commission of allegedly filing a false complaint that seeks to remove the custody of two children from their legal parents. A New York…
Court Discusses Crime of Petit Larceny in Conjunction with Robbery Charges
Appellant was charged by an indictment of committing the crime of robbery. The trial court instructed the jury on robbery and on the lesser offense of attempted robbery and, in so instructing advised the jury that it could bring in one of three verdicts: 1) not guilty, 2) guilty of…
Court Discusses Concept of Settled Jurisprudence
This is an appealed case from the US District Court for Georgia. The district court dismissed the appellant’s complaint on the basis of the application of a settled jurisprudence in his case, which “held that a state prisoner’s claim for damages is not cognizable if ‘a judgment in favor of…
Court Decides Whether to Issue Writ of Heabeas Corpus
Appellant, who was petitioner below in a habeas corpus proceeding, seeks reversal of an order of the trial judge denying the writ and remanding him to the custody of the appellee, Custodian of the Florida State Prison. The point for determination on this appeal is the legality of the sentence…
Defendant Submits a Nolo Contendre Plea
In this sex crime case, by an Information, the State of Florida charged that, on October 1, 1997, petitioner, who was 18 at the time, violated former Florida Statutes § 800.04(3) by committing an act of Sexual Battery as defined in Florida Statutes § 794.011(1)(h) upon a child under the…
Court Discusses Mental Hygiene Law
The complainant brought this action to recover damages for injuries he claims to have suffered as a result of being knocked down as he attempted to board a bus operated by the accused. At the time of jury selection, the complainant moved to preclude the accused from offering evidence of…