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The specific legal challenge in the case was based on whether Michigan's child support laws apply to men and women equally. If not, then it was argued by Dubay that they violate Equal Protection . Jeffrey Cojocar, Dubay's attorney , maintained that Michigan does not force women to make child support payments for children that they do not want ...
The Albany Law Review criticized this decision as outlining a "retaliation doctrine" that incentivizes both parties to not report misconduct if they believe it invites them to engage in similar misconduct. Law professor Martin Belsky argued that trials should instead maintain their fairness by requiring both sides to object to misconduct by the ...
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." [1] It is similar to selective prosecution. Prosecutors are bound by a set of rules ...
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Judge Sam Medrano continues hearing into prosecutorial misconduct allegations to Dec. 11. A handful of witnesses have yet to testify. ... stand during the second day of a court hearing regarding ...
Hermesmann v. Seyer (State of Kansas ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)) [1] was a precedent-setting Kansas, United States, case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the father of her child for child support even if conception occurred as a result of a criminal act committed by the woman.
A key hearing over several allegations of prosecutorial misconduct will be held in the state's death penalty case against the El Paso Walmart mass shooter.. The hearing will begin at about 9 a.m ...
A 2008 Associated Press investigation found five cases where Hulshof was accused of prosecutorial misconduct, primarily withholding exculpatory evidence. At least two cases in which Hulshof served as prosecuting attorney have been overturned on judicial review and one case in which the judge set aside the conviction.
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