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  1. Thread: Shoplifting

    by RJR
    Replies
    37
    Views
    808

    Re: Shoplifting

    Thanks, that clears up what he meant.
  2. Thread: Shoplifting

    by RJR
    Replies
    37
    Views
    808

    Re: Shoplifting

    Incorrect. The crime was committed in Los Angeles County, the trial was held in Los Angeles County.

    The Prosecution generally (and I have not conducted a state by state fact check) can not move...
  3. Thread: State Lockdowns

    by RJR
    Replies
    47
    Views
    978

    Re: State Lockdowns

    Here is an Emergency Petition for Writ of Mandamus filed March 30 in the Texas Supreme Court.

    If you have some extra time read it. I'll keep an eye out for the Decision, or anyone can.
    ...
  4. Consumer Law Issues: Re: Is Returning a Purchased Used Car Consumer Law

    There appears to be no Rescission exception for used cars, although 43 can apply, but facts are rare. Of course, even if sold "as is" any safety defect not pointed out can/will be grounds to cancel....
  5. Thread: State Lockdowns

    by RJR
    Replies
    47
    Views
    978

    Re: State Lockdowns

    Martial law, while having a basis in law, is basically co-extensive with the Constitutional Suspension Clause concerning Habeas Corpus. Governor's Executive Orders are not binding on the man on the...
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    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    Good link, thanks.

    I also checked the Revised Code before that post and it coincides with Rule 23. My reasoning was, since there was no language to legally indicate otherwise, the Rule seemed to...
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    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    I understand what he was saying, and I said in Ohio, if the DF wishes a jury trial he gets it. If the DF chooses a Bench trial and the state wishes a jury trial, the state has no say in it, the DF...
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    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    Sure, there is similar such language for the establishment of Courts, in Article 4 of the Ohio Constitution.



    In Ohio, if the defendant demands a jury trial, the state has to abide by it. The...
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    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    Sure, but at least States provide for Courts of Appeals, they are not required by the Constitution or any case law from it.
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    1,669

    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    A defendant is entitled to a Bench trial also, so the jury theory there is moot.
  11. Replies
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    1,669

    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    I understand the differences Jack points out. The point was, the case Ron linked internally never used the term "Legally unavailable" just "Available", but in the context of the facts, he appeared to...
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    1,669

    Sex Offenses: Re: Wrongful Conviction- and I'm the "Victim"

    Not exactly. UNavailable is simply the opposite of Available. The word is used I imagine in many legal citations/decisions. Example, if a person is out of the Country, they are UNavailable if their...
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    Hindrance of Civil Rights: Re: Governor Using Lockdown

    Maybe they had robot's hand out tickets, ha.
  14. Replies
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    925

    Hindrance of Civil Rights: Re: Governor Using Lockdown

    Police in NJ make arrests over isolation order violation, but it does not state the criminal charge.
    ...
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    Hindrance of Civil Rights: Re: Governor Using Lockdown

    I suppose what you are asking in essence 007, is, do Executive Orders of Governor's have the Force of law with civil or criminal penalties for non compliance??

    This is a Public Health crisis, not...
  16. Replies
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    Working With a Lawyer: Re: Why Do Lawyers Ask Their Clients

    Here are a couple of classic examples from Judge Wapner's The Peoples Court. I understand this is TV, however these were REAL Court lawsuits from around the Country. The PC contacted them and asked...
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    Re: Possible Warrant for Arrest

    While true that he never said he was keeping it in those words, nor did he say he would return it without compensation, which says to me, no agreement, no phone. That's a stipulation not permitted by...
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    Re: Possible Warrant for Arrest

    If you do not live in FL, the statute does not apply to you. Second, a statement that the finder is keeping it, outside the provisions of the law, is THEFT.
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    Re: Possible Warrant for Arrest

    The posted law is not vague in any way concerning lost property. A defense attorney can proffer any argument they wish, period. When you find a court decision that casts doubt on it or questions the...
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    Re: Possible Warrant for Arrest

    Did you read the law on such in my post 2?
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    Re: Possible Warrant for Arrest

    Grand theft, probably not, unless the phone was valued at more than $750.00. Petit theft, yes, which could be rightfully charged.
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    Re: Possible Warrant for Arrest

    If we classify the phone as LOST property, keeping it under conditions, yes, is a crime. You know who the Rightful owner is. It appears FL classifies such as LOST or ABANDONED but not Mislaid...
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    Re: Child Pornography/Masterbation to Children

    Tell him to read The Ballad of the lonely Masturbator by Anne Sexton, and be self contained.
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    Re: Federal Student Loan Law

    Here is a recent decision, though from New York, for insight. The Court discharged over 200 grand in student loan debt. This does not mean you have a chance at victory, this is a rare discharge and...
  25. Thread: Demand Letter

    by RJR
    Replies
    22
    Views
    1,083

    Online Services: Re: Demand Letter

    I would greatly be interested in the legal authority for that. Does he have it posted? Does it make a legal difference if it is $12,000.00 or $512,000.00?
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