GPS board member ponders appeal after ballot ouster Sep 1, 2010
Rea's injunction Monday to "not print her name on the ballot," cited "clear and convincing evidence that the candidate did not submit sufficient valid signatures to qualify for the ballot.". Eighty-one of Severson's 471 signatures turned in by the Aug. 4 deadline were found to be "invalid." However, there was one additional signature whose validity remains uncertain. (AZCentral)
Calls for Rangel to Quit Could Escalate If No Deal Jul 29, 2010
The subcommittee's task is to decide whether the charges can be proved by clear and convincing evidence. Just spelling them out would be bad enough, Democrats running for re-election feel. (Newsmax)
Black Caucus Chair On Rangel: Don't Presume Guilt Jul 28, 2010
The eight lawmakers will judge whether the allegations can be proved by clear and convincing evidence. Lee said in a written statement: "Any rush to judgment to short-circuit the ongoing review of Congressman Rangel by the Committee on Standards of Official Conduct will do a disservice to the well-established processes of the House of Representatives. Attempts by Republicans and Democrats to presume guilt before the Committee on Standards of Official Conduct completes its review of the facts,... (Newsmax)
Rangel faces House ethics hearing Jul 23, 2010
In a document issued Thursday, the panel appointed an eight-member adjudicatory subcommittee to determine if allegations against Rangel "have been proved by clear and convincing evidence.". A formal hearing will be a trial-like session involving formal charges with lawyers for the House acting as prosecutors and Rangel's lawyers defending him. (CNN)
Government openness is ongoing battle Jul 6, 2010
Furthermore, the burden is on a public body to prove by clear and convincing evidence that a requested document is not subject to disclosure. Attempts to weaken the law by carving out exceptions some already successful show the need for continued vigilance. (The Pantagraph newspaper)
Arrowhead JP race heats up Jul 2, 2010
Anderson's attorney, Scott Williams, said according to the June 18 court hearing transcript, Judge Mangum found that Mr. Woolbright probably did request or solicit the false signatures of several of the spouses, but that other testimony raised doubts sufficient so that he could not find clear and convincing evidence of this in the judge's mind. Regarding allegations by Woolbright that Anderson knowingly submitted forged signatures, Williams, said Exactly the opposite is true. (Glendale Star, AZ)
Obama Takes Incremental Approach to Gay Rights Jun 23, 2010
CRITICAL LOGIC AND REASONING, IF SOMETHING IS "UNNATURAL/SIN" "GOD" AS THE LAW GIVER SHOULD NOT PUT IT IN THE FOOD/ WATER SOURCE THEN, JAMES SAYS"GOD IS NOT TEMPTED NOR TEMPT HE ANY MAN", SO DOES ESTROGEN IN MANS FOOD /WATER/ AIR TEMPTATION IN DEVELOPMENTSOME WILL SAY THIS IS BLASPHEMY,BUT I DO REMIND THEM"TRUTH CANNOT BLASPHEME"ACTS"WHAT GOD"HAS CLEANED CALL THOU NOT UNCLEAN"So again, why does "GOD" put Estrogen in the Food source then? Its AN UNJUST ENTRAPMENT to call Same Sex "SIN AND... (CBS News -- Politics)
Retooling the ocean conveyor belt Jun 19, 2010
"It is important to understand that there is clear and convincing evidence that the ocean waters overturn and that this overturning impact's the Earth's climate," she says. "Recent studies, however, have cast doubt on our ability to describe this overturning as a conveyor belt. From these studies we now understand that the overturning waters are not restricted to narrow boundary currents, that the overturning may vary from one ocean basin to the next and that the winds may create variability in... (EurekAlert!)
School board reviews new logo law Jun 8, 2010
prove with clear and convincing evidence that the use of the nickname or team name in connection with the logo or mascot DOES NOT PROMOTE discrimination, pupil harassment, or stereotyping. " Here are three quick ways for the DPI to decide: 1)The taking of any name (and assigning characteristics to that name) for an entire race of people automatically is stereotyping. 2)The very definition of discrimination incorporates the proof of "disproportionate impact" on one or more of any racial group.... (Menomonie Dunn County News, WI)
Read the story May 31, 2010
NO XTIAN COMMENTER HAS EVER EFFECTIVELY ADDRESS THE " HOW IS ITS A SIN AND UNNATURAL THEN WHY DOSE GOD YHVH PUT ESTROGEN IN THE FOOD/WATER/AND AIR SOURCE, for example you dont say street drugs is wrong, THEN put it in the food etc, a chilling effect as the Judicial System would say, Food has become much more easily accessable to all people so the Estrogen amount in males has risen as well, in the prehistoric and ancient and mideval time people did not eat as much, they had to hunt for food daily... (CBS News -- Evening News)
House Votes to End "Don't Ask, Don't Tell" May 29, 2010
SIN INVOLVES A CHOICE, NATURAL "GOD"ESTROGEN FOOD BASE IS NOT A CHOICE, AND ESTROGEN IN FOOD IS NATURAL FOR MALE TO DEVELOP BY IT, "GOD YHVH" PUTTING IT IN THEIR THEN BLESSING IT, ITS ORDAINED BY "GOD YHVH" FOR MALES TO EAT ESTROGEN (MIND AND BODY DEVELOPMENT) IS CLEAR AND CONVINCING EVIDENCE BY "GOD YHVH". So AGAIN, if its a "Sin" and "UNNATURAL" then why does "GOD YHVH" put ESTROGEN in the NATURE FOOD SOURCE THEN. (CBS News)
"Don't Ask, Don't Tell" Votes Possible This Week May 28, 2010
SIN INVOLVES A CHOICE, NATURAL "GOD"ESTROGEN FOOD BASE IS NOT A CHOICE, AND ESTROGEN IN FOOD IS NATURAL FOR MALE TO DEVELOP BY IT, "GOD YHVH" PUTTING IT IN THEIR THEN BLESSING IT, ITS ORDAINED BY "GOD YHVH" FOR MALES TO EAT ESTROGEN (MIND AND BODY DEVELOPMENT) IS CLEAR AND CONVINCING EVIDENCE BY "GOD YHVH". CRITICAL LOGIC AND REASONING, IF SOMETHING IS "UNNATURAL/SIN" "GOD" AS THE LAW GIVER SHOULD NOT PUT IT IN THE FOOD/ WATER SOURCE THEN, JAMES SAYS"GOD IS NOT TEMPTED NOR TEMPT HE ANY MAN", SO... (CBS News -- Politics)
Property appraisal notices hit the mail -- Owners can file appeal of values May 9, 2010
For a successful appeal, a property owner must be prepared to present well-organized, clear and convincing evidence to persuade the ARB that a particular home or business has a lower value than the value placed by the appraisal district, Combs said. Our videos also explain how property owners can protect their right to appeal in court if they disagree with the ARB s decision. (Brenham Banner, TX)
AU to seek US import ban on LG Display LCD panels May 3, 2010
"The court concludes that AUO has established by preponderance of the evidence that LGD literally infringes the patents asserted by AUO in this action, and that LGD has not established by clear and convincing evidence that the asserted patents are invalid," wrote Judge Joseph J. Farnan Jr., in a 77-page verdict. In Friday's 67-page court ruling, Farnan said LGD did not establish infringement of its patents by AUO.. (San Francisco Chronicle -- Technology)
State Farm loses punitive-damages appeal Apr 30, 2010
One of them is for the court to conclude, by clear and convincing evidence, that the defendant acted with an "evil mind.". Without that finding, they argued, the punitive award was improper. (AZCentral -- Business)
Court Affirms Cox Did Not Infringe Verizon VoIP Patents Apr 17, 2010
Moreover, the jury said, the cable operator had provided "clear and convincing evidence" that Verizon's claims on two patents were invalid. On Friday the U.S. Court of Appeals for the Federal Circuit upheld that decision. (Multichannel News)
Ward 2 results remain same after recount Apr 1, 2010
R Martin wrote on Mar 24, 2010 7:59 PM:" Absentee Ballot Voter Fraud Marred Douglas City Council ElectionsThere is clear and convincing evidence that the past Douglas City Council elections were marred by considerable absentee ballot voter fraud. This is a trick out of an old book to disenfranchise voters used in the mid 90's. In the recent Douglas City Council elections irregularities were so blatant that a candidate voted twice for himself, once at the precinct and once with an absentee... (Douglas Daily Dispatch, AZ)
Readers Write 03/26 Mar 26, 2010
A midpoint could be utilized, such as clear and convincing evidence, thereby giving people in the medical profession the benefit of the doubt in close cases. Allen Buckley, Smyrna. (Atlanta Journal-Constitution -- Opinion)
Ga. Supreme Court upholds ER statute Mar 16, 2010
The law requires plaintiffs, in order to prevail in a malpractice suit involving ER care, to establish by "clear and convincing evidence" that an ER physician committed "gross negligence," which has been defined under Georgia law as the failure to exercise even a slight degree of care. In dissent, Justice Robert Benham called the ER provision "unreasonable and arbitrary" and said it leaves ER patients with "a lower standard of care and a higher burden of proof."Benham wasjoined by Chief... (Atlanta Journal-Constitution -- Metro)
N.J. Justices Lean Toward Banning Use of Purloined Documents in Bias Suits Mar 11, 2010
Again, Mullin accepted the notion that employers have legitimate concerns about purloined documents, but said the jury's verdict was based instead on clear and convincing evidence that Curtiss-Wright discriminated against female employees. Justice Roberto Rivera-Soto said that if Quinlan knew the documents existed, she should have told Mullin about them and Mullin could have issued a request for the documents or sought a subpoena. (Law.com)
Court order reunites Butte girl with mother in Panama (23) Mar 9, 2010
On Feb. 19, the 9th Circuit said Joyce's "feeble showing ... falls far short of clear and convincing evidence" that the girl faced physical or psychological harm by living in Panama conditions that would justify bypassing international laws. "I believe that the District Court's conclusion was correct, even though the 9th Circuit points out that perhaps the evidence was not as strong as the 9th Circuit would have liked to have seen," Joyce's attorney, Ron Waterman, said. (Montana Standard, MT)
Defense Lawyers in Case of Murdered D.C. Lawyer Call Evidence 'Grossly Prejudicial' Mar 4, 2010
"The burden is on the government to show -- by clear and convincing evidence -- that Wone was drugged, sexually assaulted and restrained before such evidence or argument is placed before the jury," the defense lawyers said. "This, the government cannot do.". (Law.com)
Who speaks for those who can't? Feb 25, 2010
Currently, state common law forbids the withdrawal of life support without the presence of "clear and convincing evidence" such as a health care proxy, do-not-resucitate order or living will. "Unfortunately, only about 20 percent of people in our state sign health care proxies," said Sen. (Albany Times Union)
State bill would force schools to defend 'discriminatory' mascots Feb 24, 2010
Rainmaker wrote on Feb 23, 2010 5:25 PM:" Current law prohibits discrimination against pupils on a number of grounds, including race and ancestry. This bill provides that a school district resident may object to a school boards use of a racebased name, nickname, logo, or mascot by filing a complaint with the state superintendent of public instruction. The state superintendent must schedule a hearing on the complaint, at which the school board has the burden of proving by clear and... (Chippewa Falls Chippewa Herald, WI)
License in jeopardy Feb 11, 2010
"Based upon the matters referenced above," according to the letter, referring to the information about Arneault in the whited-out sections, "BIE maintains that you have not proven by clear and convincing evidence that you are a person of good character, honesty and integrity sufficient to establish your eligibility and suitability to have your principal license renewed." Creany, the deputy chief enforcement counsel who wrote the letter, cited the section of the Gaming Act that prohibits an... (Erie Times-News, PA)
Former WilmerHale Partner Loses Child Support Ruling Jan 30, 2010
"We have no reason to disturb the judge's conclusion, which is based on clear and convincing evidence, that [Wilson] willfully failed to meet his retroactive obligation despite the ability to discharge it," wrote Judge Anna Blackburne-Rigsby. Also on the panel were judges Inez Smith Reid and William Pryor. (Law.com)
