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The Possibility to Perpetuate Discovery Prior to Filing a Federal Complaint: Rule 27 of the Federal Rules of Civil Procedure

By   /  April 15, 2013  /  Civil Procedure, Evidence, Online Exclusive 

Lawsuit Papers

In re Liquor Salesmen’s Union Local 2D Pension Fund pertains to Salesmen’s Union Local 2D Pension Fund’s (hereinafter “Petitioner”) request for discovery from Bank of America “prior to the commencement of an action related to a certain bank account.”

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Trial Error Blunder: Compounded Use of Defendant’s Post-Arrest Silence for Impeachment and Summation Purposes is Not Harmless

By   /  June 1, 2012  /  5th Amendment, Constitutional Law, Criminal Procedure 

Bill of Rights

A detailed federal and New York State analysis regarding the use of post-arrest silence is examined in this case note. The defendant in this action appealed his conviction of two counts of second degree attempted murder and first degree attempted robbery. After his arrest, the defendant was questioned by law enforcement officers yet remained silent

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Roving Border Patrols in New York – Sometimes the Drug Smuggler Does Not Get Convicted

By   /  June 1, 2012  /  4th Amendment, Constitutional Law, Criminal Law, Criminal Procedure 

Border Patrol

This case note examines the federal and state limitations of roving border patrols performing traffic stops based upon reasonable suspicion and subsequent automobile searches based upon voluntary consent. The defendant in this action requested a suppression hearing regarding a search and seizure of marijuana discovered in his motor vehicle during a roving patrol traffic stop by the Border Patrol in upstate New York.

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