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Although rare, a grand jury can issue an indictment in absentia for high-profile crimes to get around an upcoming statute of limitations deadline. One example is the skyjacking of Northwest Orient Airlines Flight 305 by D. B. Cooper in 1971. The identity of D. B. Cooper remains unknown, and he was indicted under the name "John Doe, aka Dan Cooper."
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
Certain writs are prescribed by statute. Each statute which specifically allows a writ to be filed comes with a specific statute of limitations, usually 20 days or less. However, statutory writs are still discretionary, with very few exceptions. [17] In civil cases. Grant or denial of motion to disqualify judge [18]
Taylor, 487 U.S. 326 (1988), the Supreme Court held that a trial court must examine each statutory factor in deciding to dismiss charges with prejudice. The Court in Taylor found that a minor violation of the time limitations of the act that did not prejudice the defendant's trial preparation did not justify the dismissal with prejudice of an ...
Stopping the clock is a controversial practice in American and Canadian parliamentary procedure in which a legislature literally or notionally stops the clock (or moves the hands backwards), usually for the purpose of meeting a constitutional or statutory deadline.
The letter from Mr LaRose’s top lawyer, Paul Disantis, sought an answer to “an apparent conflict in Ohio law” between the convention timing and the statutory deadline by which Mr LaRose’s ...
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Sunset provisions have been used extensively throughout legal history. [2] The idea of general sunset provisions was discussed extensively in the late 1970s. [3] Sunset clauses with an effective extension review process have been argued as a safeguard of democracy to ensure emergency provisions, such as state of emergency, remain temporary. [4]