Posted on September 19, 2014 by cebca
The following is a guest blog post by Hon. Alan Pendleton, Tenth Judicial District Court Judge in Anoka, Minnesota and Gael B. Strack, JD, CEO and Co-Founder of the Family Justice Center Alliance in San Diego.
The arrests of Ravens running back Ray Rice and San Francisco 49er defensive tackle Ray McDonald have, once again, thrust the ugly specter of domestic violence into the forefront of American consciousness. One of the most terrorizing and lethal forms of violence used by men against their female intimate partners is strangulation. Strangulation is much more common and serious than professionals have realized. Judges and attorneys who deal with perpetrators and victims of domestic violence need to be well-versed in the facts about strangulation; the most effective weapon against domestic violence is education and training. Continue reading
Filed under: Criminal Law, Family Law, Legal Topics | Tagged: choking, domestic violence, lethal force, strangle, strangulation, Violence Against Women Act | 4 Comments »
Posted on September 17, 2014 by Julie Brook, Esq.
Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an exception applies. You may not have heard the term implied hearsay, but you’ve likely encountered it. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissible evidence, attorney, court, evidence, exceptions to hearsay rule, hearsay, implied hearsay, inadmissible evidence, trial | 1 Comment »
Posted on September 12, 2014 by Julie Brook, Esq.
Requests for admission are very valuable yet underutilized tools. They’re one of the best techniques to create admissible evidence for summary judgment and trial—make good use of them! Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: attorneys, discovery, litigation, pretrial, requests for admission, undisputed facts | 2 Comments »
Posted on September 8, 2014 by Robert Denham, Esq
From the former capital of the Confederacy in Richmond, Virginia, comes the spark for a Supreme Court decision that could extend same-sex marriage to all fifty states within a year. Continue reading
Filed under: Constitutional Law, Estate Planning, Family Law, Legal Topics, New Legal Developments | Tagged: same-sex marriage, same-sex marriage ban, Supreme Court | 1 Comment »
Posted on September 3, 2014 by Julie Brook, Esq.
When it comes to preparing a summary judgment motion, many attorneys prepare the supporting documents in the same order each time (and instruct new attorneys to do so, too). But one order may not fit all cases.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: civil litigation, preparing motion for summary judgment, pretrial motions, separate statement of undisputed facts, summary judgment | 1 Comment »
Posted on August 29, 2014 by cebca
The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction relief, and criminal defense of noncitizens.
The Supreme Court has focused attention on the need to advise clients accurately on the specific immigration consequences of a guilty plea. Padilla v Kentucky (2010) 130 SCt 1473. But it’s also essential that defense counsel accurately advise clients about the sentencing consequences of his or her immigration status. Counsel must also do whatever is possible to prevent a defendant’s immigration status from destroying his or her opportunities for the alternatives to incarceration used in most criminal cases that result in sentences.
Filed under: Criminal Law, Legal Topics | Tagged: alternative sentencing, crimigration, criminal defendant, criminal law, defense counsel, ICE detention, ICE hold, immigration status, Padilla, sentencing | 2 Comments »