The government cannot use the GPS in a suspect's cell phone to find him and serve an arrest warrant unless it can show that he is a fugitive, a federal has held. The 139-page opinion by Magistrate Judge Susan K. Gauvey comes more than a year after investigators applied for a warrant in U.S. District Court to use the suspect's cell phone against him.
The attorney-client privilege protects a law firm's internal communications regarding the prospects that a current client might sue for legal malpractice, a U.S. magistrate judge in Ohio has ruled in denying a motion to compel production. A client sued the firm for malpractice regarding its handling of a patent matter. During discovery, the client sought disclosure of the firm's internal communications regarding "loss prevention efforts" contemplated by its attorneys once they realized the potential for a malpractice lawsuit.
Agnes Riffel, the longtime clerk of Kanawha Magistrate Court, told her deputy clerks that the last thing she wanted was a party for her retirement this week. They overlooked her request, instead surprising her with giant photos, a large sheet cake and banners congratulating her for decades of service. She was overwhelmed. They had that party for me this afternoon then they took me to dinner this evening, Riffel said Tuesday from her South Charleston home. I love my girls, my 10 deputy clerks. Theyre just like my daughters. Riffels last official day at the countys Judicial Annex was Tuesday, but she said shed be back at the office today to tie up a few loose ends and to congratulate the new magistrate clerk, who would be named by the circuit judges this morning. The deputy clerks made po...
A federal magistrate has recommended that a judge reopen a more than 30-year old case that keeps information regarding billions of dollars of Medicare billing secret and prevented media from revealing it to the public. S. Magistrate Monte C. Richardson on May 18 made the recommendation to U.S. District Judge Marcia Morales Howard in a case Dow Jones & Co. filed in Florida with national implications.
Federal Judge Jeremiah J. McCarthy was thinking about a magistrate rule three years ago and brought it up to then Chief Judge Richard J. Arcara. Judge McCarthy, a magistrate in U.S. District Court for the Western District of New York, suggested changing the way parties file objections to a magistrate judge's orders.
Staff Writer James Buchanan died of pneumonia at Wheatland at 8 a.m. on June 1, 1868, and his funeral three days later, while well-attended, was remarkably free of frills and pomposity.
The New Mexico Supreme Court took over direct supervision of the Santa Fe County Magistrate Court nearly a year ago. Chronic paperwork problems at the court had become acute and were leading to wrongly issued arrest warrants, lost and incomplete court files and a lack of hearing notice for attorneys and defendants. Because of these problems and others, people often were forced to spend time and money to deal with the court's mistakes. Some have even been wrongly incarcerated for days or weeks.
Approached By A Dangerous Stranger II. A Brief (Yet Competent) History Of Competence A. Common Law B. Greenwood v. United States and Jackson v. Indiana C. Pate v. Robinson D. Drope v. Missouri III. The Role Of The Magistrate Judge In Assessing Competency A. The Powers of the Magistrate Judge B. The Process of Ordering a Competency Evaluation C. Training and Standards 1. The Absence of Training on Mental Illness 2. Standards Used in Assessing the Need for Commitment IV. Case Studies A. Evaluating a (Potentially) Incompetent Stranger B. Defendant A 1. Transcript 2. Discussion C. Defendant B 1. Transcript 2. Discussion D. Defendant C 1. Transcript 2. Discussion V. Challenges To The Current System Of Discerning A Defendant's Competence A. Current Resources for Determining if Competency I...
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