Judge Gives Government 10 Days to Avoid Contempt on CIA Tapes Aug 19, 2008
Skinner, the prosecutor, said that under the case law the order to produce must be clear and noncompliance must be shown by clear and convincing evidence. Hellerstein said the second element "implies some willfulness," adding that he will decide that issue. (Law.com)
McLaughlin's order of detention Aug 17, 2008
There is clear and convincing evidence that the Defendant is a danger to the community, however, there is not a preponderance of evidence which indicates that the Defendant is a flight risk. PRESUMPTION OF DETENTION UNDER TITLE 18 U.S.C. 3142(e). (Odessa American, TX)
Kermit man held without bond Aug 16, 2008
U.S. Magistrate L. Stuart Platt filed an order Thursday in U.S. District Court calling for Richard "Rick" Ellsworth McLaughlin to be held without bond because "there is clear and convincing evidence that the defendant is a danger to the community.". McLaughlin, a former Odessa American reporter, was arrested on a federal arrest warrant Aug. 7 outside his home in Kermit. (Odessa American, TX)
Pa. court: Nurse can be fired for sex with patient Aug 8, 2008
While it is possible that (he) engaged in consensual sexual intercourse with the patient, the hospital has failed to provide clear and convincing evidence that such alleged misconduct occurred, he wrote. Judge Doris A. Smith-Ribner wrote that Kasher made troubling and serious errors. (Somerset Daily American, PA)
Guilty in Guantánamo Aug 7, 2008
The prosecutor argued that he could provide "clear and convincing evidence" that nothing elicited from that interrogation was coerced. The judge allowed the government to make its case. (Salon)
One Brave Judge Resists Feminist Agenda Aug 5, 2008
Judge Francis B. Schultz rejected most of those arguments, but he cited a long line of cases holding that "clear and convincing evidence" is required in order to take away fundamental rights, such as a parent's right over the care and custody of his children. Feminists are in an uproar about Judge Schultz's decision and would like the New Jersey Supreme Court to reverse it. (Townhall.com)
Little League plans get me riled over replay Aug 2, 2008
A game operations replay official will need clear and convincing evidence to overturn an umpire s ruling on the field. Their quotation marks, not mine. (Lompoc Record, CA)
* Sport Briefs Jul 31, 2008
Taipei Times - archives. Enter your search terms. (Taipei Times, Taiwan -- World)
Little League World Series adopts instant replay Jul 31, 2008
Little League World Seriesadopts instant replay - SI.com - MLB. Posted: Wednesday July 30, 2008 6:19PM; Updated: Wednesday July 30, 2008 6:19PM. (SportsIllustrated.CNN -- More)
Gitmo judge blocks use of interrogation Jul 30, 2008
But the judge said he would only allow prosecutors to submit the interrogation if they can provide "clear and convincing evidence" the statements were not obtained through coercion. Judge already ruled against prosecutorsThe judge already ruled that prosecutors cannot use statements from a series of interrogations of Hamdan at the Bagram air base and Panshir, Afghanistan. (MSNBC -- International)
Coalition for a Democratic Workplace Applauds Court Dismissal of Minnesota DFL Complaint Jul 30, 2008
(1) Based on this standard, the Complainant has the burden at the hearing to show by clear and convincing evidence that the Respondents prepared or disseminated the advertisement knowing that it was false or did so with reckless disregard for its truth or falsity. The test is subjective; the Complainant must come forward with sufficient evidence to prove the Respondents "in fact entertained serious doubts" as to the truth of the ad or acted "with a high degree of awareness" of its probable... (PR Newswire)
Little League World Series to use instant replay Jul 30, 2008
Review will be limited to home runs and other calls near outfield fence. Little League Baseball will use instant replay at this year's World Series to review questionable home runs and other close plays at the outfield fence. (MSNBC -- Sports)
Small leads Illinois Open Jul 30, 2008
Become a member of our community. Blogs Sports Columnists Sports. (Yahoo News -- Auto Racing)
Local doctor gets license pulled Jul 26, 2008
In order to get his license back, he will need to show by clear and convincing evidence that he is sober, competent and fit to practice medicine competently and safely in accordance with the Texas Medical Practice Act and Texas Medical Board Administrative Rules, said Leichter. According to Stoeckel's physician profile with the Texas Medical Board, he graduated in 1997 from the University of Texas Medical School in Houston. (Cedar Park Hill Country News Weekender, TX)
Pilot remembers wild ride Jul 24, 2008
An Air Force Accident Investigation Board determined that there was no clear and convincing evidence to determine a cause for the accident because the F-15 was not recovered. However, the board did find sufficient evidence to conclude that both rudders in Faurot's jet failed. (Honolulu Star-Bulletin)
* Canada to send US Army deserter back to the US Jul 16, 2008
Justice Anne Mactavish said that Robin Long did not provide clear and convincing evidence that he would suffer irreparable harm if he were returned to the US.. Long, 25, fled to Canada in 2005 to avoid serving in Iraq. (Taipei Times, Taiwan -- World)
Deserter faces deportation Jul 15, 2008
But Justice Anne Mactavish threw out those arguments and dismissed Long's claim, saying he "failed to provide clear and convincing evidence that he will suffer irreparable harm if he is removed from Canada.". Mactavish said 94 per cent of U.S. army deserters have been dealt with without a court martial or prison time. (Vancouver Sun)
Judge's ruling on restraining orders draws concern Jul 14, 2008
UPDATED: 03 :54 a.m. EDT, July 14, 2008. AP NEWSLatest local, national & international news from the Associated Press. (NJ.com -- News)
Perelman Sues Late Wife Claudia Cohen's Family, Claiming They Cheated Her Jul 13, 2008
To be sure, the plaintiffs face significant hurdles to prevail in such a claim as they bear the burden of establishing, by clear and convincing evidence, the existence of the oral promise,'' Doyne wrote. Doyne also approved subpoenas by Perelman's lawyers to the Hudson Group and Hudson News Co., based in East Rutherford, New Jersey. (Bloomberg)
State will review complaint against school board Jul 4, 2008
They included the "real possibility" of the 52,328-student system losing its accreditation, the "clear and convincing evidence" to support the conclusion that the Board of Education is "fatally flawed" and the inability of his state-appointed liaisons James E. Bostic Jr. and William "Brad" Bryant to help. Both men resigned in April from helping the school board but said they would work with Thompson. (Atlanta Journal-Constitution -- Metro)
Albarran's jurors will continue work today Jun 20, 2008
His lawyers, Bruce Gardner, Richard Jaffe and Derek Drennan, must prove by clear and convincing evidence that their client was too mentally ill to appreciate the nature and quality or wrongfulness of his action. Prosecutors Jay Town and Robert Broussard must prove that Albarran intentionally killed Golden, who was on duty. (AL.com)
Albarran trial is coming to close Jun 19, 2008
The defense must prove his insanity by clear and convincing evidence. However, Hooper, director of the Taylor-Hardin Secure Medical Facility in Tuscaloosa, testified that Albarran is not insane and was not insane when he shot Golden. (AL.com)
Debate continues over Jindal’s ethics changes Jun 18, 2008
In the same measure, the burden of proof required to show a violation was toughened from reliable and substantial evidence to clear and convincing evidence closer to that needed for a criminal conviction. In April, the Public Affairs Research Council, a nonpartisan watchdog group, said the higher standard will make it more difficult to punish public officials who violate the ethics code. (Leesville Daily Leader, LA)
Albarran trial set to begin today Jun 10, 2008
They have the burden of proving to the jury with clear and convincing evidence he did not understand the wrongfulness of his action. Prosecutors Robert Broussard and Jay Town must prove beyond a reasonable doubt, a higher standard than for the defense, that Albarran intentionally killed Golden, a police officer on duty, while trying to evade arrest. (AL.com)
Suspect in downtown bombing denied bond May 22, 2008
I find clear and convincing evidence she is a danger to the community, Lewis said. Carlock violated parole six times and probation twice in connection with a 1998 robbery conviction, said Assistant U.S. Attorney Fred Sheppard. (San Diego Union-Tribune)
Judge backs soldier in bid for objector status May 14, 2008
An Army review board denied his request last September - concluding that Barnes "did not present clear and convincing evidence of his sincere objection to war.". Specifically, the Army investigator noted that Barnes didn't regularly attend chapel services and earlier expressed a desire to fight on the front lines. (Anchorage Daily News)
F-15 crash blamed on rudders May 8, 2008
An Air Force Accident Investigation Board, convened by Pacific Air Forces, determined that there was no clear and convincing evidence to determine a cause for the mishap. However, the board did find sufficient evidence to conclude that both rudders in Faurot's jet failed in a midrange position to the left, most likely due to a failure involving the aileron-rudder interconnect. (Honolulu Star-Bulletin)
EU seen clearing TomTom's TeleAtlas buy: sources Apr 23, 2008
The European Court of Justice has held that when the Commission wants to block the merger of two companies that do not directly compete, it must have clear and convincing evidence that there is an incentive to damage others. As TomTom's map supplier, Tele Atlas was never a direct competitor. (Globe and Mail -- Technology)
Virginia High Court Rules on Police Searches Apr 19, 2008
Justice Donald W. Lemons said in a dissenting opinion that the majority seemed to be demanding clear and convincing evidence rather than probable cause. "On appellate review, we are to consider the totality of the circumstances and not substitute our judgment for that of a trained police officer," Lemons wrote in the dissent, which was joined by Judges Cynthia D. Kinser and S. Bernard Goodwyn. (WTVR.com, VA)
Henry K. Lee's trial blog Apr 17, 2008
" Goodman handles 50 to 80 cases on Fridays, when the Reiser trial is dark, Du Bois noted. Goodman has already told jurors about burden of proof, the defense attorney said. There's a line with respect to burden of proof. If the prosecution fails to cross that line, regardless of how close it may have come, then the prosecution has not met its burden of proof, Du Bois said. If jurors are not convinced beyond a reasonable doubt, then the law requires a verdict of not guilty, Du Bois said. He went... (San Francisco Chronicle -- Crime)
Judge releases corporate fraud exec, keeps three in jail Apr 17, 2008
Marbley said there was clear and convincing evidence that Dierker does not pose a flight risk while he awaits sentencing on his fraud conviction. Dierker and four other executives were convicted March 13 in what prosecutors said was a scheme to defraud investors in National Century Financial Enterprises, based in suburban Dublin, which called itself the country's largest health care financing company when it collapsed in 2002. (USA Today -- Money)
Will land battle save or kill farming? Apr 16, 2008
Only "clear and convincing evidence" from the county could deflect the claim. The agricultural enclave issue was brought to the Legislature on behalf of Callery-Judge Grove, whose owners have been fighting Palm Beach County over land-use changes for more than a decade. (Daytona Beach News Journal)
Court clears magistrate Apr 11, 2008
We find that the Board did not sustain its burden of establishing by clear and convincing evidence the allegations made by Maryann Kearney, the opinion said. According to the decision, the court did not find Kearney a credible witness because she waited a year to report the alleged misconduct. (Wilkes Barre Citizen's Voice, PA)
First Rights: Barack Obama vs. Terri Schiavo Apr 10, 2008
"I recommend to Obama -- if he wants to make amends -- that he consult the disability-rights experts at Not Dead Yet for the facts of the Terri Schiavo case and its acute relevance to many Americans in similar situations.Not Dead Yet is about 12 miles from Chicago at 7521 Madison St., Forest Park, Ill.If this presidential contender and former law professor had bothered to do his own research, he would have discovered -- as I did in four years of covering this story and interviewing participants,... (Hanford Sentinal, CA)
Napolitano vetoes two bills to restrict abortions Apr 6, 2008
That lack of detail resulted in a 2003 ruling by the Arizona Court of Appeals which spelled out that a minor must prove her maturity by clear and convincing evidence, a standard higher than most civil cases but less stringent than beyond a reasonable doubt which applies to criminal cases. The court also listed factors a judge may consider in making that determination. (Douglas Daily Dispatch, AZ)
Napolitano vetoes two abortion bills Apr 5, 2008
by Matthew Benson - Apr. 4, 2008 06:06 PM The Arizona Republic. (AZCentral -- News)
Grieving Mom Of Drowned Kids Speaks Out Apr 5, 2008
Judges face the high bar of clear and convincing evidence of abuse or harm before they can issue a protective order, he said. "I think these guys tried to get the expertise that would help them with this," he said of the judges. (CBS News -- US)
Senate votes send abortion bills to Napolitano Mar 26, 2008
Amanda J. Crawford The Arizona Republic Mar. The Legislature passed two bills Tuesday regulating abortions in Arizona one clarifying how a judge can approve an abortion for a minor and the other establishing state penalties for a controversial late-term procedure. (AZCentral -- News)
19 comments Mar 26, 2008
Obama loves EVERYTHING about his mentor and friend,and his refusal ( due to a severe lack of courage ) to leave Wright's church is clear and convincing evidence to any rational being. Leonard, Mesa,AZMar 24, 2008 @ 07:33 PMdid you see my "i don't know post? FMar 24, 2008 @ 08:43 PM Hi Honey!!! haha ahaha My little 8 ball! hahah ahaha Lily, of the LegendMar 24, 2008 @ 08:44 PMI see ya got your combat boots on tonight..hahah PS can't do "live" now/baack later see my 8:43 above /did you? FMar 24,... (Human Events Online)
The Wright-Obama Divide Mar 25, 2008
Obama loves EVERYTHING about his mentor and friend,and his refusal ( due to a severe lack of courage ) to leave Wright's church is clear and convincing evidence to any rational being. Leonard, Mesa,AZMar 24, 2008 @ 07:33 PMdid you see my "i don't know post? FMar 24, 2008 @ 08:43 PMShare Your Comment Your Name: Your Location: Your Email: (will not be made public.) Remember Me. Enter Your Comment: Related Articlesby Patrick J. Buchananby Martha Zollerby Jennifer Rubinby George Marlinby Robert... (Human Events Online)
More of this story Mar 21, 2008
Jones said the standard of clear and convincing evidence used by the committee to determine wrongdoing was too low to merit the removal of an elected lawmaker. I don't think we're respecting the judicial process or the principles or the precepts of democracy with an expulsion motion, said Jones, a member of the Legislative Black Caucus that Wright used to chair. (Roanoke Rapids Daily Herald, NC)
We're picking on the wrong perp Mar 15, 2008
With clear and convincing evidence that the surge is working in Iraq, and that the Iraqis are now shouldering more and more of the burden of fighting al-Qaida, House and Senate Democrats continue to insist that the war is lost and are demanding that the United States withdraw from Iraq before the job is done, thus exposing the Iraqis to a rebirth of al-Qaida and threatening the entire Middle East to new terrorism. Democratic promises to reform the sleazy process known as earmarking kept... (DeKalb Daily Chronicle, IL)
Gaming officials argue DeNaples’ slots license could not be denied on hearsay Mar 8, 2008
He specifically cited this provision: Every application for a slot machine license shall include such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant s good character, honesty and integrity. The board could have denied or delayed awarding the license based on DeNaples failure to turn over documents that he obtained from his FBI file through a Freedom of Information Act request, Miller said. (The Citizen's Voice, PA)
Beacon Hill Roll Call Mar 7, 2008
Patrick s amendment would have allowed a court to exempt from triple damages any employer who can establish by clear and convincing evidence that he or she acted in good faith and had reasonable grounds for believing that his or her act was not a violation ... Patrick s amendment would have allowed a court to exempt from triple damages any employer who can establish by clear and convincing evidence that he or she acted in good faith and had reasonable grounds for believing that his or her act... (Ipswich Chronicle, MA)
more » Mar 6, 2008
That law also states that, there is a legal presumption that any force or means used to accomplish a purpose was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary. Comments. (Searcy Daily Citizen, AR)
Transplant chief's exit unrelated to patient issues Mar 5, 2008
But after a meeting was held with Dr. Marcos on Nov. 5, 2003 in Richmond to review the allegations, a Board of Medicine committee found that "clear and convincing evidence to support a violation. . . could not be established.". The matter was dismissed. (Pittsburgh Post-Gazette, PA)
House passes abortion bill tied to maturity of minors Mar 5, 2008
A minor would have to prove by clear and convincing evidence that she is mature enough to get an abortion without her parents' consent, under a bill passed Tuesday by the House of Representatives. Supporters say that HB 2263 just codifies a 2003 ruling on the existing parental-consent law by the Arizona Court of Appeals, in which the court specified criteria that can be used to determine if a minor is mature enough to make the decision to have an abortion. (AZCentral -- News)
Garner sentence upheld by state appeals court (1) Mar 2, 2008
Further, the court said that Garner "failed to show by clear and convincing evidence a strong possibility that defense counsel was ineffective for failing to investigate further and utilize the complained of evidence.". The case began when, according to authorities, Garner was suspected of several instances of molestation between May 1992 and September 2001. (Bartlesville Examiner-Enterprise, OK)
Therapist slay suspect deemed fit for trial Feb 29, 2008
"There must be clear and convincing evidence of serious mental illness, and as a result of that mental illness, danger to self or others, and that danger need not be premised on an 'overt act,' " Perlin said. "So a threat could be enough.". (Bayside Times, NY)
* US denies PRC spy suspect bail Feb 17, 2008
Finding that there was "no clear and convincing evidence" that Kuo's communications could be monitored 24 hours a day to prevent him from transmitting US military secrets that were "in his head" to foreign countries, Magistrate Judge Anderson in the US Eastern District of Virginia in Arlington District Court denied Kuo bail and ordered him to remain in custody, at least for the time being. Kuo's appearance came a day after US defense official Gregg Bergersen appeared in the same courtroom and... (Taipei Times, Taiwan -- World)
Adoption case decided Feb 16, 2008
The court finds first of all by clear and convincing evidence that there was abandonment, Taylor said, noting the Kirkpatricks did not make any attempt to communicate with the child within a six-month period after surrendering the girl to the Bankses. He added, I think they (Kirkpatricks) could have done more to establish and maintain a relationship if that was really the intent. (Logan Herald Journal, UT)
Federal Judge Blasts Lawsuit 'Madness,' Finds Breach of Contract Jan 26, 2008
Moreover, he said BrandAid had proved by clear and convincing evidence that Cyberian's "false promise was made to induce it to part with 23.5 million shares.". However, the judge said BrandAid "has not offered any viable method for quantifying its loss due to Defendants' fraud.". (Law.com)
My Boyfriend Is Really Annoying Jan 25, 2008
How to file a restraining order against your crazy ex-boyfriend. - By Juliet Lapidos - Slate Magazine. (Slate)
Family advocate: Decision troubling for tribes Jan 19, 2008
In affirming a juvenile court decision, the Nebraska Supreme Court said there was "clear and convincing evidence that the department made active efforts. ... And that terminating Martina's parental rights is in (the child's) best interests.". The department had reported to the court that it had repeatedly provided access to drug treatment programs, offered assistance in finding housing and gave the mother vouchers for rent and utilities, clothing and transportation. (Sioux City Journal, IO)
Smoking petition not legal Jan 17, 2008
Bussart stated in his letter: There is clear and convincing evidence that one or more individuals procured possession of the original petition from its sponsors; changed the title of the petition without the knowledge and consent of its signatories; copied the signatures of the original signatories and affixed copies of those signatures to the altered title of the petition. Bussart also said that according to Wyoming Statute 22-23-1005, in order to be valid, the petition must set forth the... (Green River Star, WY)
Molloy orders feds to explain fire retardant policy Jan 12, 2008
The record provides clear and convincing evidence supporting the conclusion that the Forest Service did not engage in the processes the law and the court's orders required, Molloy wrote. The record is bereft of any meaningful effort to meet the deadlines, or to even complete the processes the regulations mandate. (Missoulian, MT)
Aging F-15's Plagued By Defective Beam Jan 11, 2008
Steve Stilwell, said: "I knew something very violent was happening to the airplane and it was something - I had to get out. That was a no-doubter. You gotta get out of it. The investigation conclude that a key structural part was manufactured incorrectly, and 27 hears of wear and tear finally broke in two. The same bad part was discovered in 160 other F-15s, Martin reports. The investigation was led by Air Force Col. William Wignall. "The accident investigation board president (Wignall) found,... (CBS News -- US)
F-15 Jets Grounded After Breakup, Crash Jan 11, 2008
"The accident investigation board president (Wignall) found, by clear and convincing evidence, the cause of this accident was a failure of the upper right longeron, a critical support structure in the F-15C aircraft," the report says. About 20 minutes after takeoff from an airfield near St. Louis on Nov. 2, the forward fuselage of Maj. (WNBC.com, NY)
Former school boss asks court to review order Jan 3, 2008
Scoufos also alleges in the petition that Couch's due process rights were violated by the revocation of his teaching certificate "because no evidence was presented at the hearing bearing on his qualifications as a teacher. Petitioner further alleges that due process was violated by the revocation of his superintendent certificate in the absence of clear and convincing evidence that any of the six reporting irregularities state in the amended complaint constituted knowing and willful violations... (Sallisaw Sequoyah County Times, OK)
Rodrigues' term upheld Dec 31, 2007
The court is required to find that the defendant presented clear and convincing evidence that he is not likely to flee or pose a danger to the community. The court said it did not know the basis for the petition and therefore could not determine whether the appeal would raise any issues that would likely result in a reversal of the verdict. (Honolulu Star-Bulletin)
Suspension supported by evidence Dec 28, 2007
The Disciplinary Board of the North Dakota Supreme Court finds in an official opinion there is clear and convincing evidence that Wahpeton attorney Samuel Johnson violated several North Dakota Rules. The supreme court ordered Johnson to pay 8,670. (Wahpeton Daily News, ND)
FCC chief defends media ownership rules Dec 27, 2007
For approval, applicants must demonstrate by "clear and convincing evidence" that the combination will increase the diversity of independent news outlets and increase competition among independent news sources. This would be demonstrated by a combination of factors, including consideration of the existing level of ownership concentration in the market; whether the combination will increase the amount of local news, and a promise that the owner will employ separate and independent editorial... (Yahoo News -- Politics)
Local attorney suspended Dec 27, 2007
The court further concluded there was clear and convincing evidence Johnson also violated North Dakota Rule of Professional Conduct 8. 1, relating to bar admission and disciplinary matters, by knowingly making false statements of material fact in a disciplinary matter. (Wahpeton Daily News, ND)
Wyeth Will Pursue Claim for Damages Resulting From Teva Pharmaceuticals' Launch of Generic Pantoprazole in Violation of PROTONIX Patent Dec 25, 2007
The court stated that at trial, the generic companies would face the higher burden of demonstrating by clear and convincing evidence that the patent is not valid. At trial, Wyeth will seek to recover its lost profits and other damages resulting from Teva's infringing sales and a permanent injunction against future sales of generic pantoprazole prior to expiration of the PROTONIX patent. (PR Newswire)
Rights group to appeal judge's ruling against Muslim scholar barred from entered US Dec 21, 2007
U.S. District Judge Paul A. Crotty in Manhattan said the law requires Ramadan to provide "clear and convincing evidence" that he lacked knowledge of what U.S. authorities say are the group's illicit activities. Jameel Jaffer, director of the ACLU's National Security Project, said Ramadan "is being excluded not because of his actions, but because of his ideas, and that the group would appeal the ruling. "The result is that foreign scholars will continue to be barred from the country simply... (International Herald Tribune -- Business)
