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The California Court of Appeal reversed the trial court's denial of the motion to suppress. However, the California Supreme Court reversed the Court of Appeal, reinstating the trial court's decision. Although the State conceded that the police had no lawful basis to effect the traffic stop, the California Supreme Court still held that the trial ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [ 1 ]
ZANESVILLE − The Muskingum County Prosecutor’s Office is awaiting a decision from the Ohio Supreme Court regarding evidence in a local custody case.. The local prosecutor's office argued on ...
The Court had decided two years earlier in Mapp v.Ohio that evidence seized in the course of an illegal search was inadmissible in a criminal trial in a state court. The Court extended that holding in this case, addressing the standard for deciding what are the fruits of an illegal search in state criminal trials.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used ...
In a court filing, attorneys for Southern California Edison opposed the temporary restraining order, arguing that the company has been complying with requests to preserve evidence.
Huggins v. Boyd, Georgia Court of Appeals 2010 (304 Ga. App. 563) In this case involving a permanent protective order prohibiting Jonathan Huggins from stalking Karen Boyd, Huggins appealed the trial court's denial of his motion to set aside the order, arguing that the trial court had no personal jurisdiction over him. Because it was undisputed ...