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A prisoner’s bid to develop new evidence rests on a 233-year-old statute about judicial writs

SCOTUSBlog

This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., orders) that aid the exercise of their jurisdiction even though no statute expressly authorizes the orders. As background, one of the statutes governing habeas proceedings, 28 U.S.C.

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Use of other case deposition testimony limited by Supreme Court opinion issued after settlement

At the Lectern

Superior Court , the Supreme Court today holds a statutory hearsay-rule exception that makes admissible some “former testimony” normally doesn’t allow a deposition from an earlier lawsuit to be used against a party who was also a party in the prior action. ” Observing that “[a] discovery deposition.

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Heir to Chicago political dynasty brings his “false statement” charges to Supreme Court

SCOTUSBlog

After the bank failed in 2017, the Federal Deposit Insurance Corporation, which became the receiver for the bank, hired a loan servicer, Planet Home Lending, to try to recover some of the money owed to the bank. He made only one payment on the loans — $389.58 The bank did not request any additional payments.

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Summary Judgment Based on Tennessee Recreational Use Statute Affirmed.

Day on Torts

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn. internal citation omitted).

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Plaintiff’s deposition created issue of fact in GTLA premises liability case.

Day on Torts

Where plaintiff’s deposition created a “dispute of material fact” as to whether defendant had actual notice of the alleged dangerous condition in this GTLA premises liability case, summary judgment for defendant was reversed. In Vaughn v. Coffee County, Tennessee , No. M2021-00653-COA-R3-CV, 2022 WL 1652552 (Tenn. internal citations omitted).

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What is a Public Defense Paralegal?

Paralegal Bootcamp

This includes the processes used to identify the laws and documents that apply to the facts of a specific case, including statutes, regulations, and court opinions. The long list includes complaints, subpoenas, interrogatories, deposition notices, pretrial orders, and legal briefs with various parties. A Protector.

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NY Bail Reform: ‘Two Steps Forward, One Step Back’

The Crime Report

Nevertheless, a provision in the bail statutes that impedes efforts to reduce economic inequality managed to survive the 2019 reforms. In fact, judges may look beyond the statute to make bail decisions, representing another opportunity to “read into the statute” whether an individual is a risk to public safety.

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