of Mark MacPhail regardless of the lack of evidence and importance of doubt, drew international attention. We believe this case is not a question of “guilt” or “innocence”. It is important to keep in mind that no physical evidence was shown to the jury and the murder weapon never found. The case built against Troy Davis rested exclusively on witness testimony. Most of the key witnesses at Davis's trial withdrew or modified their testimony in sworn affidavits but these recantations were not taken
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Introduction In this case Plaintiff seeks a ruling (1) vacating the Secretary’s findings determining the onset date of plaintiff’s claim for disability: (2) establishing June 8, 1983 as the onset date of plaintiff’s clam, and/or (3) in the alternative, remanding this matter to the Secretary for a new determination of the date of onset of plaintiff’s disability based on the entire medical record, under title XVI of the Social Security Act. Plaintiff believes that substantial evidence in the record
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On November 29, 2006, the Rosenburg v. Blue Cross Blue Shield of Tennessee Inc. lawsuit was decided. Two doctors, Zachary Rosenburg, M.D. and Dewayne P. Darby, M.D. filed a lawsuit on April 25, 2002 against Blue Cross Blue Shield of Tennessee (BCBST) and the Tennessee Healthcare Network alleging a breach of contract and sought relief under the Tennessee Consumer Protection Act. According to the case file, Doctors Rosenburg and Darby stated that over the period of the contract, Blue Cross Blue Shield
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In Adkins v. Thomas Solvent Co. 440 Mich. 293 (1992), the court denied an award of stigma damages when the property was not contaminated by a hazardous substance. In order to see if stigma damages can be awarded, plaintiff’s usually have to establish that defendant engaged in an environmental tort, which in this case is nuisance. Once nuisance is established by the plaintiff’s proving that there was damage to their property, then the plaintiffs can seek to recover stigma damages. In Adkins, the
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CRJ 550 Legal Issues in Criminal Justice Administration Case Brief Assignment sub-heading: First Amendment TITLE AND CITATION: Silva v. Bieluch, 351 F.3d 1045 (11th Cir. 2003) FACTS OF THE CASE: The plaintiffs filled suit against Edward W. Bieluch, the Sheriff of Palm Beach County, Florida. The plaintiffs filled this suit after the Defendant demoted the plaintiffs from their positions as lieutenants back to the positions they previously held. The Defendant, at the time of the demotions, became
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MILLERSBURG — Despite being repeatedly warned not to do so, an 81-year-old Akron man time and again pursued a Holmes County woman — texting her, calling her and trespassing on her property. His actions culminated in the filing of several criminal charges stemming from incidents occurring between April and July; and, following several hours of testimony Thursday morning, Dalton Smith was found guilty of two counts of criminal trespassing and two counts of telephone harassment. Holmes County Municipal
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and weapons possession charges were dismissed. The courts reversed and reinstated all counts of the indictment. The precise circumstances of the incident giving ride to the charges against defendant are disputed, but ultimately will be for a trial jury to determine what occurred. The defendant argued that at trial the prosecutor falsely mixed a subjective element to the jurors to consider whether the defendant’s conduct was of a reasonable man “in Goetz situation.” The court decided that the test
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I. PARTIES TO THE CASE: Kenneth L. NORD, Plaintiff-Appellant, v. the BLACK & DECKER DISABILITY PLAN, Defendant-Appellee. II. FORUM: The district court ruled in favor of Black & Decker Corp. The 9th Circuit Court of Appeals reversed III. STATUTE(S) INVOLVED IN THE CASE: The court is being asked to interpret if Black and Decker denial of his disability benefits violated ERISA. The court must determine whether the claimant is entitled to social security disability benefits. IV. STATEMENT OF FACTS:
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THE DAUBERT STANDARD 2. The Daubert Standard was resulted from the case Daubert v. Merrell Dow Pharmaceuticals (1993). The plaintiffs argued medicine that had been given to pregnant women to eliminate morning sickness caused birth defects. The medicine was promoted by Dow Pharmaceuticals. The Daubert standard was preceded by the Frye standard stated that knowledgeable testimony must be based on factual information that was collected by a scientific method, accepted within the scientific community
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MIRANDA v. ARIZONA 384 U.S. 436 (1966) CERTIORARI TO THE SUPREME COURT OF ARIZONA. No. 759. Argued February 28 - March 1, 1966. Decided June 13, 1966. Facts: The United States Supreme Court combined four separate cases into one ruling due to similar issues regarding the way evidenced was obtained during police interrogations. All four Defendants (Ernesto Miranda, Michael Vignera, Carl Calvin Westover, and Roy Allen Stewart) committed separate, unrelated crimes, but all were questioned without
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