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Appellate court hears arguments in LG v. DCYF over negligent-investigation standard At oral argument in LG v. DCYF, appellants' counsel Meg Price told the court the trial judge wrongly removed a negligent-investigation claim from the jury and urged that repeated investigatory failures by DCYF present triable issues of gross negligence and proximate cause; the state countered the expert's opinions are speculative and causation is not shown.

In a pivotal court case, counsel Meg Price argues that the department's repeated investigatory failures constitute gross negligence, demanding a trial to expose the truth behind the children's suffering.

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#WA #CivicAccountability #CitizenPortal #NegligenceLaw #LegalStandards

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Appeals panel hears dispute over probation revocation and 'true threat' standard in Stephen Stone case Defense argued the superior court applied the wrong mens rea in revoking Stephen Stone's probation after a probation officer perceived threatening texts; the Commonwealth urged the court to affirm revocation and the 6'to'8-year sentence. The panel probed notice and whether remand is required if the threats finding is vacated.

A Massachusetts Appeals Court is reviewing whether the proper legal standard was applied in revoking Stephen Stone's probation over alleged threatening texts, raising critical questions about mens rea and the nature of perceived threats.

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#MA #CitizenPortal #LegalStandards

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Court questions standing and damages evidence in physician contract dispute The appeals panel probed whether a professional corporation named in a contract precluded an individual physician's claim and whether trial evidence supported a multi-million-dollar damages award; the case was taken under advisement.

The Massachusetts court is diving deep into a heated contract dispute between two physicians, questioning whether one can claim damages when the contract was signed by a corporation instead of an individual.

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#MA #CitizenPortal #LegalStandards #ContractDisputes

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Appeals court hears challenge to standing in US Bank foreclosure Defendant's counsel argued that US Bank and trustees lack a financial stake in the mortgage and that a photocopied endorsement and broken assignment chain undermine standing; plaintiff's counsel said housing-court statutory affidavits and deeds generally satisfy the burden in possession actions.

In a high-stakes appeal, questions arise over US Bank's financial stake in a contentious foreclosure, challenging the very foundation of the plaintiff's standing.

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#MA #CitizenPortal #FinancialTransparency #LegalStandards #HousingJustice

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Video

What You Must Prove to Change Custody or Support

Click the bio link to watch the full episode.
https://bio.link/richardlebovitz

#ModificationRules #CustodySupport #FamilyCourtBasics #ParentingTime #LegalStandards #RichardLebovitz

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Appeals court considers whether Offender Registry Board misapplied factor 29 to long "offense-free" period Counsel for a John Doe argued the hearing examiner acted arbitrarily by ignoring long offense-free time in the community and failing to apply factor 29 or catchall factor 37; the Board responded that the studies underpinning factor 29 examine post-incarceration samples and that the regulations define when offense-free time begins.

An appeals court is weighing whether the Offender Registry Board overlooked a decade of offense-free living by misapplying key risk factors in a critical ruling.

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#MA #CivicAccountability #CitizenPortal #LegalStandards #CriminalJusticeReform

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Appeals court probes whether PVCs qualify as 'heart disease' under retirement statute In Downey v. Crabbe, appellant counsel argued symptomatic premature ventricular contractions (PVCs) and related palpitations constitute 'heart disease' triggering the statutory presumption for accidental disability retirement; CRAB and the retirement board defended their finding that the record did not show a heart condition causing the disability, and the panel examined medical reports and deference owed to the administrative board.

The Massachusetts appeals court is wrestling with a pivotal question: Do symptomatic PVCs truly qualify as 'heart disease' for disability retirement benefits?

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#MA #LegalStandards #DisabilityRetirement #MedicalEvidence #CitizenPortal

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Appeals court considers whether Facebook lookup tainted in‑court ID in Moran case In Commonwealth v. Moran, defense counsel argued an in‑court identification by an officer—after searching Facebook and viewing a photo—was unduly suggestive and the admission created a substantial risk of miscarriage of justice; the Commonwealth said the identification was corroborated by circumstantial evidence.

Was an officer's Facebook search the key to a controversial in-court identification that could change the fate of the Moran case?

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#MA #LegalStandards #CriminalJustice #JudicialReview #CitizenPortal

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Appeals court hears challenge to voluntariness of Kevin Stacy’s statements A three-justice panel heard arguments over whether statements by Kevin Stacy were voluntary and whether a trial judge applied the correct legal standard; the Commonwealth urged harmless-error review and the court took the case under advisement.

A high-stakes legal battle unfolds as the appeals court weighs the voluntariness of Kevin Stacy's statements amidst claims of coercion and unconsciousness.

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#MA #LegalStandards #JudicialAccountability #VoluntarinessIssue #CitizenPortal

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#UnderColorOfLaw #CriminalJustice #RuleOfLaw #LegalAnalysis #JusticeSystem #LawAndPolitics #PublicReaction #MediaAndLaw #TrueCrime #ViralJustice #DueProcess #LegalStandards

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Judge Allows Two Limited ‘Other-acts’ Witnesses; Expert Debate Over Suture Exams, Gloves and Penetration Anchors Closing Arguments In the Neer Banure trial in Jefferson County’s 252nd District Court the judge permitted two prior-acts witnesses to testify for the limited purpose of intent and absence of mistake; testimony and expert evidence focused on how inner-thigh sutures are examined, whether glove use is standard, and whether the victim’s description meets the legal definition of penetration.

In a gripping courtroom battle, a judge allowed two prior patients to testify about unsettling experiences during surgeries, raising crucial questions about intent and the legal definition of penetration.

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#TX #LegalStandards #WitnessTestimony #SurgicalPractice #TexasCourts

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Michigan Supreme Court hears arguments over manslaughter instruction in Joesel homicide appeal In People v. Christopher Joesel (No. 167705), appellant counsel argued the evidence supported a manslaughter (heat-of-passion) instruction and that the trial court erred by refusing it; the prosecutor told the court video and testimony show the defendant acted with control, not passion. Justices probed standards of review, harmless-error analysis,并

The Michigan Supreme Court is deliberating a critical manslaughter instruction that could change the course of a homicide case—did heat of passion really play a role or was it cold control?

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#MI #CitizenPortal #HeatOfPassion #LegalStandards

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Court weighs whether participating in city 5K is 'recreation' under Texas law The Supreme Court considered whether running in a 5K that traversed a city river‑park is an activity 'associated with enjoying nature or the outdoors' under the Texas recreational‑use statute, which imposes a gross‑negligence standard for governmental liability when it applies. The City argued the Turkey Trot is recreational and the statute applies

The Supreme Court is poised to decide if a 5K Turkey Trot in San Antonio qualifies as "recreation" under Texas law, potentially reshaping liability standards for outdoor activities.

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#TX #CitizenPortal #PublicSafety #OutdoorRecreation #LegalStandards #TexasParks

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Appeals court hears challenge to admission of third‑party invoices as business records The court considered whether invoices and contractor records the plaintiff received from third parties were admissible under Massachusetts' business‑records statute (G.L. c. 233 §78) when introduced by the recipient rather than the document creator. Appellant argued the trial judge failed to make the statutory findings and that admitting such

The Appeals Court is debating whether third-party invoices can be admitted as business records, raising critical questions about statutory requirements and evidence integrity.

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#MA #CitizenPortal #BusinessRecords #LegalStandards #CourtProcedures

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Judge Denies Remote Testimony Request for Expert Witness Furlong Smith Judge rules out remote testimony citing lack of exceptional circumstances for expert witnesses.

In a landmark decision, Judge Wolfe denied a request for remote testimony by an expert witness, emphasizing the need for personal presence to uphold courtroom integrity.

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#TN #CitizenPortal #JudicialIntegrity #LegalStandards #RemoteTestimony #TennesseeCourts

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Charging "terrorism" absent clear evidence of same is despotic.

#LegalStandards

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Court Excuses Doctor Nogue as Witness Testifies in Ongoing Trial Doctor Nogue excused as Cassie Thompson begins testimony in ongoing courtroom proceedings.

In a pivotal courtroom session, Judge Raquel West upholds trial integrity as Dr. Nogue exits the stand and Cassie Thompson prepares to testify.

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#TX #CitizenPortal #WitnessTestimony #FairTrial #TexasCourtroom #LegalStandards

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Jury Instructions Clarify Burden of Proof in Aggravated Assault Case Juror guidance emphasizes the importance of considering the full range of punishments.

Judge Raquel West's powerful insights on the burden of proof and the complexities of punishment in criminal cases have reshaped our understanding of justice in Texas.

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#TX #CitizenPortal #FamilyDiversity #CriminalJustice #TexasCourts #LegalStandards

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Judge Grants Motion to Suppress Evidence in Case Involving Attorney Greg Sarkisian Court dismisses case due to discovery violations against attorney Greg Sarkisian.

A pivotal court session in Lake Forest Park led to the dismissal of a case after a motion to suppress evidence was granted, highlighting the importance of timely access to discovery materials.

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#LakeForestParkKingCounty #WA #CitizenPortal #CommunityTrust #LegalStandards

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Defense Counsel Challenges Witness's Qualifications in Crime Scene Recreation Testimony Defense argues witness lacks expertise in recreating crime scene for jury consideration.

A heated courtroom battle unfolds as the defense fights to qualify a key witness in the State vs. Ashbaugh case, challenging the very foundation of the prosecution's narrative.

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#TX #CitizenPortal #TexasCourts #WitnessTestimony #LegalStandards #CriminalDefense

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Court sets plea deadline for Pilar Munoz in upcoming July session Court establishes July 29 plea deadline for Pilar Munoz case proceedings.

The 187th District Court has set a crucial plea deadline for Pilar Munoz, emphasizing the importance of timely legal processes in the pursuit of justice.

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#TX #CitizenPortal #TexasCourts #JudicialFairness #LegalStandards #TimelyJustice

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Legislation regulates health care professionals' roles in prisoner treatment and interrogation Bill mandates health care professionals adhere to legal standards in prisoner evaluations

A groundbreaking bill in Massachusetts is set to reshape the role of health care professionals in prisoner evaluations, ensuring strict adherence to legal standards.

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#MA #CitizenPortal #HealthCareEthics #PrisonerTreatment #LegalStandards

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Teton County board reviews barn relocation request amid conservation easement concerns Teton County board discusses applicant's barn relocation against conservation easement standards.

Teton County's board is at a crossroads as they weigh a barn relocation request that could clash with vital conservation efforts and spark significant debate.

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#TetonCounty #WY #CitizenPortal #EnvironmentalImpact #TetonCountyConservation #WildlifeProtection #LegalStandards

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Wyoming AG Office prepares for transition with new Supreme Court Justice Attorney General Hill appointed as Supreme Court justice, shares agency updates with committee.

As Attorney General Bridget Hill gears up to take her seat on the Supreme Court, the Wyoming Joint Judiciary Committee dives into crucial updates that could reshape justice in the state.

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#WY #CitizenPortal #LegalStandards #VictimSupport #CommunityServices

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Judges Weigh Evidence in Aggravated Assault Case Involving Barstool Court considers trial testimony and victim's letter on barstool's deadly weapon status.

Tennessee's Court of Criminal Appeals is set to redefine the rules of evidence as they deliberate on a controversial aggravated assault case involving a barstool.

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#TN #CitizenPortal #EvidenceCredibility #VictimRights #LegalStandards #TennesseeCourts

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City Council denies PGE application citing legal standards and project concerns City Council votes to deny PGE's application due to unmet legal standards and project concerns.

Portland City Council takes a stand against PG&E, denying their application over legal concerns and highlighting the need for stringent standards in urban development.

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#PortlandMultnomahCounty #OR #LegalStandards #PublicSafety #UrbanInfrastructure

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Court clarifies standards for disability discrimination cases under federal ADA Court applies federal standards for discrimination cases based on disability.

A recent court ruling in Colorado has set a new precedent by applying federal standards to disability discrimination cases, reshaping the legal landscape for those affected.

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#CO #LegalStandards #DisabilityRights #CitizenPortal #EqualAccess

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Assistant DA Timothy Federer argues presumption of innocence in Middlesex court case Timothy Federer emphasizes jury's understanding of presumption of innocence in court proceedings.

In a high-stakes courtroom showdown, Assistant DA Timothy Federer passionately defends the critical presumption of innocence, sparking intense debate among judges about juror conduct and the integrity of justice.

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#MA #PresumptionOfInnocence #LegalStandards #CitizenPortal

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Hearing examines evidence of rape allegations in prostitution case against suspect Hearing explores reliability of police report in evaluating rape and prostitution charges.

A Massachusetts hearing reveals shocking complexities in a case involving sexual assault and human trafficking, raising crucial questions about evidence reliability and victim credibility.

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#MA #LegalStandards #CitizenPortal #EvidenceReliability #VictimProtection

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Court considers severing gun charges from assault allegations against Isaac Judge reviews testimony and evidence for separate trials on gun and assault charges

The Utah Court of Appeals is weighing the complexities of combining gun charges with assault allegations, raising critical questions about fair trials and the completeness of narratives in court.

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#UT #LegalStandards #CriminalJustice #FairTrial #CitizenPortal

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