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  1. Re: Times V Sullivan and the Equal Protection Clause

    Oh, while I think of it, a good notable case to read on the subject is Falwell v. Hustler magazine and "parody" defamation.
  2. Re: Times V Sullivan and the Equal Protection Clause

    Gertz v. Welch (1974) will explain more, issued several months after Sullivan, for a more detailed legal explanation of the liability needed in both. Look it up
  3. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    My point was, and that word "Arrest" is subject to context, as Carl said. Knowles states a Citation is not the = of Arrest, as in "Search incident to citation"and "Search incident to arrest".
    ...
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    Re: Incorrect Labeling at Macy’s

    There are laws that "directly" prohibit price tag switching for customers, why should it not apply to you?
  5. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    They can use the word Arrest how they wish, but the USSC said a Citation is not the functional equivalent of an arrest for 4th Amendment purposes. Also, Ohio case law, years prior, ruled the same.
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    Legal Research: Re: Until Further Order of the Court

    Here is an example of a "non plain meaning" word, if you will. Is a Tomato a Fruit or a Vegetable?

    https://en.wikipedia.org/wiki/Nix_v._Hedden

    I might add, sure, there are case law decisions...
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    Legal Research: Re: Until Further Order of the Court

    There is no case law dealing with "clear meaning" language as such here.
  8. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    That's the "Collective knowledge doctrine" or the "Fellow officer" rule.

    Also, issuing a Citation is NOT an arrest as the OP was not arrested, just cited.
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    Re: Identified As Driver Suspended

    10 - 4 :)
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    Re: Identified As Driver Suspended

    Am I missing something? The OP mentioned nothing about a vehicle search?
  11. Civil Rights Issues: Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    That outline is not correct. Can you sue a judge, that is, name him or her as defendant, sure. The Judge, by defendant's response, will be dismissed, trust me, Judicial Immunity. You can argue/appeal...
  12. Civil Rights Issues: Re: Is There Any Law or Legislation to Protect Civil Rights of Litigant Pro Se

    Did you appeal to a Superior Court
  13. Mediation and Arbitration: Re: How Can I Get a Change to City of Toledo, Ohio 1982 (Ord 159-80) Street Resurfaci

    Leave Court out of the picture for now. You need more than an Ord. #, as that is only a City Council enactment reference. You need the actual Chapter and Section number. For example, Chapter 7.
    ...
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    Re: Nlrb Toll Extensions

    Doggie, pay a visit to College/University Law School law library. Find The LRRM digests, Labor Relations Reference Manual, research. You seem to be so angry and frustrated about your previous...
  15. Thread: Double Jeopardy

    by RJR
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    Double Jeopardy

    The U.S.S.C. declines to abolish the "Dual Sovereigns" doctrine.

    Good or bad?

    https://www.supremecourt.gov/opinions/18pdf/17-646_d18e.pdf
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    Post-Conviction Relief: Re: Guilty by Plea Overtuned

    The prefatory sentence is always first, unless you are Professor backwards, remember him?

    I'm not a Republican, I'm a Pedestrian. :cool:
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    Post-Conviction Relief: Re: Guilty by Plea Overtuned

    I'm conservative. :D Your attorney can Move to withdraw your guilty plea and it must be done in a timely
    fashion. Second, as Ron said, if you already signed the plea deal, don't hold out too much...
  18. Police Conduct: Re: Knowingly Filing of a False Report by a Police Officer

    They can write anything they wish, whether it is a deliberate falsehood or his accounting of the facts as he perceives them, is legally different, yes. Facts and witness testimony, etc., can be...
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    Re: Can the President Pardon Himself

    The U.S. Supreme Court has ruled the President's Pardon powers can not be questioned, absolute discretion.
  20. Appeals: Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    A citation is not a "harmless error" as defined by law, you seem to equate an irrelevant citation, so proposed, to what is known on an appeal basis as an "Assignment of Error". They each have a...
  21. Class Actions: Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    I am aware from memory of the case Cort v. Ash (1975) which discusses if a private remedy is available for violation of a Federal criminal statute, generally, the answer is No!
  22. Homicide: Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Very very sorry for the death of your child, prayers to all who are hurting.

    As far as the legal aspect, to quote: "In American jurisprudence at least, a private citizen lacks a judicially...
  23. Unlicensed Driving: Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    That makes me anxious for the Glover case to be decided.
  24. Unlicensed Driving: Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    But the premise of the stop was based on the registered owner being NOT licensed, period, not simply the owner is clearly not driving.
  25. Unlicensed Driving: Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Is the black male licensed in your story cbg?
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