For the Public

paying

Who Will Pay for Your Appeal?

As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of

Read More »
grand jury involvement

The Role of the Grand Jury in Juvenile Proceedings

As in any civil or family matter, a juvenile case begins with the filing of a petition. There is no grand jury involvement. No matter what the charge in a juvenile case – even serious felony offenses – the case begins with the prosecutor’s decision to file a petition. That does not mean there is no role for the grand

Read More »
Marijuana Laws medical marijuana in arizona

Marijuana Possession: Tough on Crime or Smart on Crime?

We certainly have all heard the old cliché to support a tough-on-crime stance: You do the crime; you serve the time. But, what does that actually mean if you simply possess marijuana in Louisiana? The first conviction for simple marijuana possession presently carries a potential sentence of six months at parish prison and a $500 fine. With the second conviction,

Read More »
Marijuana Laws medical marijuana in arizona

Ancillary Attacks on Medical Marijuana in Arizona Through DUI Prosecution

In 2013, medical marijuana in Arizona was implemented after the citizens of Arizona voted it in through ballot initiative. The victory was narrow and there is still a strong debate today about it. Now, reasonable people can disagree on the efficacy of marijuana as a medicine. There are also legitimate concerns that medical marijuana can be abused by those who

Read More »
vocational rehabilitation

What is Vocational Rehabilitation?

The profession of vocational rehabilitation counseling gained importance after World War II. Many soldiers returned from combat with missing limbs, and other physical and mental disabilities that prevented them from returning to the jobs they had prior to the war. The vocational rehabilitation counselor (VRC) was trained to identify abilities and skills of workers. They work with persons with disabilities

Read More »
Affluenza

An Introduction to the Juvenile Felony Punishment Process

In 2014, a Tarrant County intoxication manslaughter case sparked an intense debate about juvenile crime and punishment. While the pundits all had opinions, most were too busy talking to be bothered with actual facts or the law. So before we declare the juvenile system broken, let’s examine the facts and then form an opinion. A juvenile felony offense (committed by

Read More »
security

Identifying and Screening Strong Negligent Premises Security Cases

Over the last two decades, the field of inadequate security litigation has grown explosively, particularly in Florida, a leading state both in terms of violent crime as well as in its development of case law in the field of premises liability. Homicides, sexual assaults and other violent crimes occur frequently in Florida, and all too often a property manager, owner

Read More »
pleading in the alternative

Pleading in the Alternative or Painting Yourself into a Corner?

In late October, federal inmate number 14170-041 explained to Judge Richard Kyle that he was, in fact, guilty of engaging in a massive Ponzi scheme and apologized for his prior false claims of innocence. Tom Petters finally saw the light and was trying to reduce his sentence. Similarly, Lance Armstrong confessed and asked the public to forgive him when the

Read More »
section 57.105

The Use of 57.105 on Appeal: Sword, Shield or Can Opener?

Many lawyers have been annoyed when the opposing party appeals after the lawyer has obtained a favorable order for their client in the trial court. The lawyer whose client prevailed in the trial court may believe that the losing party’s position is without any legal merit. The lawyer’s belief that the opposing party has now delayed the ultimate resolution of

Read More »
paying

Who Will Pay for Your Appeal?

As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of

Read More »
grand jury involvement

The Role of the Grand Jury in Juvenile Proceedings

As in any civil or family matter, a juvenile case begins with the filing of a petition. There is no grand jury involvement. No matter what the charge in a juvenile case – even serious felony offenses – the case begins with the prosecutor’s decision to file a petition. That does not mean there is no role for the grand

Read More »
Marijuana Laws medical marijuana in arizona

Marijuana Possession: Tough on Crime or Smart on Crime?

We certainly have all heard the old cliché to support a tough-on-crime stance: You do the crime; you serve the time. But, what does that actually mean if you simply possess marijuana in Louisiana? The first conviction for simple marijuana possession presently carries a potential sentence of six months at parish prison and a $500 fine. With the second conviction,

Read More »
Marijuana Laws medical marijuana in arizona

Ancillary Attacks on Medical Marijuana in Arizona Through DUI Prosecution

In 2013, medical marijuana in Arizona was implemented after the citizens of Arizona voted it in through ballot initiative. The victory was narrow and there is still a strong debate today about it. Now, reasonable people can disagree on the efficacy of marijuana as a medicine. There are also legitimate concerns that medical marijuana can be abused by those who

Read More »
vocational rehabilitation

What is Vocational Rehabilitation?

The profession of vocational rehabilitation counseling gained importance after World War II. Many soldiers returned from combat with missing limbs, and other physical and mental disabilities that prevented them from returning to the jobs they had prior to the war. The vocational rehabilitation counselor (VRC) was trained to identify abilities and skills of workers. They work with persons with disabilities

Read More »
Affluenza

An Introduction to the Juvenile Felony Punishment Process

In 2014, a Tarrant County intoxication manslaughter case sparked an intense debate about juvenile crime and punishment. While the pundits all had opinions, most were too busy talking to be bothered with actual facts or the law. So before we declare the juvenile system broken, let’s examine the facts and then form an opinion. A juvenile felony offense (committed by

Read More »
security

Identifying and Screening Strong Negligent Premises Security Cases

Over the last two decades, the field of inadequate security litigation has grown explosively, particularly in Florida, a leading state both in terms of violent crime as well as in its development of case law in the field of premises liability. Homicides, sexual assaults and other violent crimes occur frequently in Florida, and all too often a property manager, owner

Read More »
pleading in the alternative

Pleading in the Alternative or Painting Yourself into a Corner?

In late October, federal inmate number 14170-041 explained to Judge Richard Kyle that he was, in fact, guilty of engaging in a massive Ponzi scheme and apologized for his prior false claims of innocence. Tom Petters finally saw the light and was trying to reduce his sentence. Similarly, Lance Armstrong confessed and asked the public to forgive him when the

Read More »
section 57.105

The Use of 57.105 on Appeal: Sword, Shield or Can Opener?

Many lawyers have been annoyed when the opposing party appeals after the lawyer has obtained a favorable order for their client in the trial court. The lawyer whose client prevailed in the trial court may believe that the losing party’s position is without any legal merit. The lawyer’s belief that the opposing party has now delayed the ultimate resolution of

Read More »

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