Why yes, I can. LOL!
http://www.joffelaw.com/state-rules/3-830.html
"3.830. Direct Criminal Contempt
A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt...
To clarify:
In case #1 re Casey's stealing from Amy via forging Amy's checks that Casey found in Amy's car that Amy graciously lent to Casey, Casey paid a certain amount of restitution to Amy. As I understand it, the current probation results from Casey's convictions on the forgery/theft/fraud...
Many thanks to AZlawyer for posting the link to Casey's actual probation order.
I was particularly interested in these parts:
"5) You will live and remain at liberty without violating any law. A conviction in a court of law shall not be necessary in order for such a violation to...
I don't practice in Florida, but I would expect early release from probation would require Casey to have met all the conditions of her probation including paying restitution to the state of $200,000+. I would expect probation could even be extended until she pays up especially if the state...
I don't think the intent element requires intent that the initial defamation be re-published. I also think that with regard to the identity of a kidnapper of a missing-child, the widespread re-publication of the defamatory mis-identification is reasonably foreseeable. By contrast, when the...
Not disagreeing, particularly before we see the motion, but a somewhat different viewpoint coming from a different brain:
The number of women named Zenaida Gonzalez (or Zenaida Fernandez, or Zenaida Fernandez Gonzalez) in the Kissimmee area, who were in any way associated with the apartment...
I have a slightly different take on the situation, although I agree that Casey is going to have to pay the $200,000+ (I don't remember the exact amount) restitution judgment before she will be allowed to change her name.
My recollection of the statements in open court during the hearings on...
I became curious about restoration of civil rights in Florida. I found these articles about some interesting changes to restoration of civil rights: (small excerpts quoted; follow link for further details.)
http://www.recordgone.com/florida/civil-rights-restoration/faq/
"Am I eligible for...
Section 68.07, Florida Statutes
http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0068/Section_0068.07.HTM
"68.07 Change of name.
(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in...
It is pretty common for civil judgments (and criminal judgments for that matter) to state every known name the person has ever used (aka = also known as, fka = formerly known as, etc.) There is a simple procedure for amending a civil judgment to include any subsequent names used.
It is also...
Yes, these rules apply to pro bono cases.
Things can get a little weird when attorneys are representing their spouses or girlfriends/boyfriends, whom they often have sexual relations with, give money and other valuable gifts to, pay living expenses for, etc. Sometimes the attorney and the...
+1 to AZlawyer
The funny thing about the ethics rules are the hairsplitting nuances and the different rules in different jurisdictions. The American Bar Association publishes "Model Rules" supposedly representing the ideal ethical rules that every state should enact. However, the states all...
Nonetheless, I would have hit this point harder. I would have pointed out that sleep deprivation is so uncomfortable, it is one of the tortures used at Guantanamo - right up there with waterboarding and "stress positions." Regardless *why* MJ couldn't sleep i.e. worrying about his financial...
I was seriously underwhelmed by the defense argument. There were MUCH BETTER assumption of risk arguments available.
I have represented nursing homes in northern California in civil medical malpractice cases involving patients who were fall risks who chose not to have physical restraints (i.e...
Representing DUI/assault and battery/other criminal defendants in civil cases, my experience has been that taking the 5th results in an adverse jury instruction along the lines that if a party refuses to produce evidence (for example, testimony) within its control then then the jury may properly...
I have not read that interview but I would really, really love to. Could you please post a link? Thanks!
I'm hoping the other attorneys are right that judicial estoppel won't apply due to Florida's special extra requirements. It will be much more fun to listen to Casey trying to explain how...
I have successfully used Judicial Estoppel even when the prior case didn't make it to trial, based on the contentions of the parties in the pleadings and discovery. If attorneys for Company A say in lawsuit #1 that the contract employee laboring on their premises under their direction and...
There is an outside chance Casey may be limited by application of the doctrine of Judicial Estoppel. I'm sure you are familiar with this doctrine but for those who are not, Judicial Estoppel basically prohibits a party from taking a position in a case which is contrary to a position they have...
You may be right. However, thus far, no evidence of this has been introduced at trial.
Thus far, the prosecution has presented medical experts who testified that the COD was the drugs as well as Dr. Murray's unprofessional conduct after Michael stopped breathing. Perhaps the defense will...
I'm sure you're right although I don't know which option Dr. Murray chose. I also don't know whether any bail bond company was willing to post bail for him.
Quite frankly, I think Dr. Murray is a HUGE flight risk. I have represented several bail bond companies in bail exoneration / bail...
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