Sentences with phrase «not defense counsel»

Holmes sanctioned the plaintiffs» attorneys, but not defense counsel because their clients had pushed for it.

Shellow also argued that the decryption order was improper because the previous proceedings were held before a magistrate judge with only prosecutors — not defense counsel — permitted to attend.

Not exact matches

«Throughout the investigation, committee Republicans chose not to seriously investigate — or even see, when in plain sight — evidence of collusion between the Trump campaign and Russia, instead adopting the role of defense counsel for key investigation witnesses,» Schiff said.

SGM evoked a religious freedom defense in 2013 when the confidentiality of its pastoral counseling was challenged, stating, «SGM believes that allowing courts to second - guess pastoral guidance would represent a blow to the First Amendment that would hinder, not help, families seeking spiritual direction among other resources in dealing with the trauma related to any sin including child sexual abuse.»

Moreover, defense counsels maintain that Fort Schuyler is a private entity, not public, and that, in the case of RiverBend, the corporation was not defrauded because it ended up getting what it was seeking: a new solar manufacturing plant.

President Donald Trump's legal defense team is arguing that he can not be charged with collusion or obstruction of justice, the central threads of the special counsel's Russia investigation.

Silver's defense team previously argued the testimony of Lisa Reid, executive director and counsel to the state Legislative Ethics Commission, regarding Silver's financial disclosure forms was irrelevant, as the Manhattan Democrat wasn't on trial for failing to appropriately file state forms.

«We have efficiency standards for cars, trucks, but we don't have one for airplanes,» said Annie Petsonk, international counsel for the Environmental Defense Fund.

Her family can't afford that, so she languishes in the county jail, where she's counseled by a court - appointed defense attorney.

And our academic case management system assigns a staffer to every HCZ student from fifth grade up to not just solve problems but prevent them; to make sure they get what they need, whether it's grief counseling, chess lessons, or a weight - loss regimen — a Zone defense, so to speak.

He doesn't say a word, sitting stiff as a wire by the side of the defense counsel, and the daughters huddle next to each other in the front row, so pale and haggard that their much - ballyhooed beauty is, I'm afraid, purely conjecture.

Article VIII of Registrant's Amended and Restated Agreement and Declaration of Trust (Exhibit (a) hereto, which is incorporated by reference) provides in effect that Registrant will indemnify its officers and trustees against all liabilities and expenses, including but not limited to amounts paid in satisfaction of judgments, in compromise, or as fines and penalties, and counsel fees reasonably incurred by any such officer or trustee in connection with the defense or disposition of any action, suit, or other proceeding.

If consumers want to avoid plastic beads, the Natural Resources Defense Counsel recommends not purchasing products with «polyethylene» or «polypropylene» on their labels.

The minority disagreed, finding that whether collateral to Padilla's defense or not, the lawyer's erroneous advice, in response to an affirmative inquiry by the defendant, was inexcusable and justified a hearing on the ineffective assistance of counsel claim.

Of course, your firm might not be as avid if it plays the role of defendant rather than defense counsel at trial.

Held: The Sixth and Fourteenth Amendments require that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense, but do not require a state trial court to appoint counsel for a criminal defendant, such as petitioner, who is charged with a statutory offense for which imprisonment upon conviction is authorized but not imposed.

One would have to have shown that a drug test would not have been required prior to sentencing if the defense attorney had objected for ineffective assistance of counsel to be a viable grounds to attack the sentence in this case.

The unredacted originals are kept at a secret «secure facility» outside Washington where they can be viewed by defense counsel but not removed.

Not surprisingly, Plough's ruling outraged the criminal defense bar, prompting the National Association of Criminal Defense Lawyers to release this statement condemning the judge's action and reaffirming defense counsel's ethical obligation to postpone or delay a trial if they are not fully prepared to proceNot surprisingly, Plough's ruling outraged the criminal defense bar, prompting the National Association of Criminal Defense Lawyers to release this statement condemning the judge's action and reaffirming defense counsel's ethical obligation to postpone or delay a trial if they are not fully prepared to pdefense bar, prompting the National Association of Criminal Defense Lawyers to release this statement condemning the judge's action and reaffirming defense counsel's ethical obligation to postpone or delay a trial if they are not fully prepared to pDefense Lawyers to release this statement condemning the judge's action and reaffirming defense counsel's ethical obligation to postpone or delay a trial if they are not fully prepared to pdefense counsel's ethical obligation to postpone or delay a trial if they are not fully prepared to procenot fully prepared to proceed.

That he had the foresight to bring his laptop computer to court, and defense counsel did not, simply can not serve as a basis for judicial intervention in the name of «fairness» or maintaining «a level playing field.»

If the court or DA would have insisted upon a drug test had it not been waived by defense counsel, and the defendant would have failed it if they had insisted, even if the defense lawyer made a mistake, it was probably a harmless error, and relief would not be available.

Second, throughout the entire time sheet, I did not once see an item such as «call to defense counsel to discuss discovery» or «meet and confer.»

Nevada's Indigent Defense Commission is tasked with making sure that the state's system for providing counsel to criminal defendants who can not afford to retain their own lawyers is adequately staffed and running as smoothly as possible.

Defense counsel did his job and tried to show my client how the good doctor didn't do anything wrong.

(a) a short form order dated April 23, 2003, issued and signed by the Honorable M. Ritholtz, granting Mr. Kaufman's motion for a default judgment and referring the issue of damages to an inquest, (b) the defendant's order to show cause, signed by the Honorable M. Ritholtz on September 12, 2003, seeking to set aside the default judgment, accompanied by defense counsel's signed affirmation and the defendant's signed, but not notarized, affidavit, (c) the respondent's affirmation in opposition to the defendant's order to show cause, dated October 8, 2003, (d) a preliminary conference stipulation and order dated March 17, 2004, signed by the respondent and defense counsel, and (e) a notice of compliance / settlement conference scheduled for October 21, 2004, before the Honorable M. Ritholtz.

The amicus took instructions from and acted on behalf of the accused, as if he were defense counsel except he could not be discharged or withdraw.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

Defense counsel argued that he was an illegal immigrant whose immigration status was relevant because, as an illegal, he had a motive to cooperate with the police to influence them to not report him to what was then the Immigration and Naturalization Service, where he could face possible removal from the country.

At least, though, we have the out - of - this - world irony of the astronaut's defense counsel assuring the court that she is not a flight risk.

And so then not only has the insured, the attorney who has filed the collection action, not only have they incurred cost for the lawyer that they retained and the collection action, they may have a deductible on their policy that they're paying for defense counsel assigned for the counterclaim, they may be losing lost billable hours.

In case any such action is brought against an Indemnified Party, and it notifies the Indemnifying Party of the commencement thereof, the Indemnifying Party will be entitled to participate in, and, to the extent that it may wish, jointly with any other Indemnifying Party similarly notified, to assume the defense thereof, subject to the provisions herein stated, with counsel reasonably satisfactory to the Indemnified Party, and after notice from the Indemnifying Party to the Indemnified Party of its election to so assume the defense thereof, the Indemnifying Party will not be liable to the Indemnified Party under this Section 9 for any legal or other expenses subsequently incurred by the Indemnified Party in connection with the defense thereof other than reasonable costs of investigation.

The Indemnified Party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and, in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (in which case the Indemnifying Party shall not have the right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.

In this case, defense counsel for Mr. Mali accepted that the officer was entitled to enter onto Mr. Mali's property; however, when Mr. Mali informed the officer that he did not want to speak with him, this withdrew the implied invitation, and the officer then became a trespasser.

For example, a client can not claim an advice of counsel defense and then maintain that the communications containing the advice are privileged.

Defense counsel argued that the plaintiffs lawyer, who I will refer to only as «Mr. P» since the statute of limitation for sloppiness has probably expired, was not entitled to his requested fee of $ 300 / hour «in light of the quality of his written work,» and U.S. Magistrate Judge Jacob P. Hart agreed.

This is not the best option for reasons that should be obvious, though it is sometimes the choice of attorneys who do not have the financial means to hire dedicated ethics defense counsel and have a friend or colleague willing to take on the matter pro bono.

«The keys to successfully litigating these issues for policyholder counsel are: (i) focus on the policy language; (ii) think about what happens if the policyholder wins the liability case; (iii) considering the overwhelmingly common practice of carriers» funding the defense, argue that the burden of dispelling the expectation of coverage is on the carrier to negate defense coverage; and (iv) recognize that while the incurrence of defense costs can be a catastrophic exposure to the policyholder it can also be so for the carrier, meaning that the policyholder must sensitively respond to the equitable force of the insurer's arguments and not simply rely on «punish the drafter» arguments or what the Nabisco court characterized as» «mom and pop» grocery store argument [s]» (unless one has to).

«How to keep outside counsel focused on your needs, not theirs Main Does «state secrets» defense whitewash plaintiff's complaints under Title VII?»

Courtesy of Carolyn Elefant, I recommend the astonishing tale of solo criminal defense attorney Donna Thompson - Schneider, who hasn't visited her incarcerated clients, who hasn't been treated as well as her opposition counsel from the DA's office, who has been humiliated and patronized by prison staff, and who has written one hell of a letter (co-signed by 24 other attorneys) to Wisconsin Gov. James Doyle.

As far as I know, all federal criminal cases are assigned by the Court, not chosen by defense counsel.

As David Alcorn points out, this notion of mutual gain is harder to achieve in the context of personal injury claims since the insurer and the plaintiff will not likely have an ongoing relationship.7 However, defense counsel should still continue to brainstorm solutions without resorting to criticisms.

Instead, if settling the dispute is the goal, then defense counsel should not be openly dismissive of the plaintiff's injuries, but instead make the plaintiff feel heard by employing the tactics discussed above.

If an attorney is familiar with products liability defense in the Commonwealth and the elements of a breach of implied warranty claim, the question is not as difficult to answer as plaintiff's counsel might hope.

Don't just accept a guilty plea; get the best legal counsel possible with the help of a murder defense attorney at Lerner and Rowe Law Group.

... The fact that defense counsel may have made mistakes does not warrant imposing sanctions — particularly where the plaintiffs now have full access to the server imaging.

The Opinion issued by the Kentucky Bar Association, which states that «a criminal defense lawyer may not advise a client with regard to a plea agreement that waives the client's right to pursue a claim of ineffective assistance of counsel...» should be upheld.

Our Programmatic Issue Coding is a scalpel for precisely dissecting defense productions to focus exclusively on the «hot documents,» so that plaintiffs» counsel does not waste valuable time reviewing unnecessary documentation.

We don't know how much pressure trial judges will exert on defense counsel....

Through aggressive defense strategies and detailed knowledge of the law, Sheppard Mullin attorneys have convinced opposing counsel not to file suit or to dismiss cases of questionable merit.

Opposing counsel argued otherwise, but the trial judge struck her defense, noting her answers were explicit that my client's non-compliance could not excuse her non-compliance.