7th Circuit Uncorks Debate Over Wine Shipments Aug 23, 2008
If voter photo ID requirements can withstand a first amendment challenge, "it would be awfully hard to take judicial notice that in-person verification with photo ID has no effect on wine fraud and therefore flunks the interstate commerce clause," he said. He said it is hard to know just how effective the ID checks are in thwarting teen drinking. (Law.com)
Judge rules archdiocese can sue over St. Frances taxes Jul 17, 2008
Although not specifically argued by the (archdiocese), the Court takes judicial notice of these being lean times for many religious organizations and the consequent occasion for difficult resource allocation decisions by those in authority in such organizations, McDonald wrote in his decision. After paying approximately $36,000 in property taxes on the closed St. Frances X. Cabrini Church in both 2006 and 2007, the archdiocese appealed the charges both to the Appellate Tax Board and in Superior... (Scituate Mariner, MA)
Court says archdiocese can continue case against Scituate Jul 15, 2008
The court takes judicial notice of these being lean times for many religious organizations, McDonald wrote. Jay Talerman, attorney for Scituate, said the town sees some flaws in the logic employed by the court in the ruling. (Scituate Mariner, MA)
Officers test laser speed guns to bolster cases Jun 29, 2008
At least a dozen courts from New Jersey to Hawaii have taken what is referred to as judicial notice, or general acceptance, of laser speed guns ... He said it's important that judges in Virginia consider laser readings on a case-by-case basis instead of granting judicial notice because driving 20 miles per hour over the speed limit could land motorists in jail. (Rensselaer Republican, IN)
Osu land Case judgment Jun 12, 2008
It is difficult for me to dismiss his defence literally or summarily, taking judicial notice of the fact of that mode of installation of Chief as obtains sometimes in our traditions. This application was prosecuted with such vehemence and passion not really supported by evidence. (Ghana Web, Ghana)
D.C. Circuit Gives Blue Man Group Two Thumbs Down Jun 11, 2008
Judge Douglas Ginsburg, who was joined by Judges Janice Rogers Brown and Thomas Griffith, ended the opinion with an acid footnote: "[The petitioner's] other arguments are sufficiently lacking in merit as not to warrant consideration in a published opinion. Also, we deny [the petitioner's] motion that the court 'take judicial notice of several artistic reviews of the Blue Man Group show that aptly describe the unique and highly unusual experience of attending a Blue Man Group performance.'". See. (Law.com)
Judge explains why he sentenced Ataa Ayi May 28, 2008
While discounting that he bowed to public sentiments and opinion at the time of the sentence, Mr Justice Baffoe-Bonnie said the 70 year sentence was a product of the judicial notice of public concern over the spate of armed robbery at the time. The Nominee, who would be 52 in December debunked claims of younger age and undue preference of the President in choosing him over other colleagues on the bench to the top rank in the judicial service, and said at 52 he was quite old and had the necessary... (Ghana Web, Ghana)
Federal Judge Blasts Health Care Companies Over Discovery Mar 29, 2008
Carnes took judicial notice of a ruling by fellow Northern District of Georgia Judge Beverly B. Martin in 2007, when Martin granted a motion to compel discovery from Mittleider's other company. In her sharply worded 29-page order, Carnes went on to grant most parts of plaintiff PharMerica's motion to compel discovery responses and also ordered the defendants to produce their witnesses -- who have dodged two depositions -- for oral examination and with documents in tow. (Law.com)
'Super Tuesday': Tribunal rules on presidential polls today Feb 26, 2008
He urged the panel to take cognisance of the evidence that results were in existence before the date of the election and that neither the petitioner nor the 5th and 6th respondents made use of original election documents in the petition "which proves that the documents were not made available to the candidate during the electoral process, a fact which this court should take judicial notice, the same being non-compliance with Section 64 (4) of the Electoral Act.". "The extent of damage occasioned... (Guardian News, Nigeria)
Rwanda: Govt Dismisses Spanish Judge's Indictments Feb 10, 2008
com: Rwanda: Govt Dismisses Spanish Judge's Indictments (Page 1 of 1). Use our pull-down menus to find more stories. (allAfrica.com)
Kenya: Opposition MPs Attack Wording of Oath Jan 16, 2008
" Relevant Links Mr Kibaki, Wako explained, had summoned parliament as the Head of State but not of the government. "Judicial notice is taken in court but not here. This oath is to not any person, while the Head of State is the symbol of unity in this country. (allAfrica.com)
Policy goes to Laci Peterson's mother Nov 1, 2007
The appellate court took judicial notice of official proceedings in Peterson's sensational case, including a Nov. 12, 2004, verdict that found him guilty of two counts of murder, a Dec. 13, 2004, verdict that made him eligible for the death penalty and his formal sentencing March 16, 2005. In its ruling, the appellate court said Peterson's conviction is enough to sustain a civil judgment. (Modesto Bee, CA)
Senator Clinton Escapes Lawsuit But May Be Deposed Oct 19, 2007
"Because it would be inappropriate for us to decide on appeal whether Sen. Clinton or Clinton for Senate violated federal law in connection with solicitation of Paul's in-kind contributions, Paul's motion to admit a videotape recording of a July 17, 2000 telephone call among Paul, Stan Lee, and Sen. Clinton, in which they discuss the Hollywood Tribute and his request for judicial notice related to this issue are denied," the ruling said. Paul was puzzled by the ruling. (CNSnews.com)
Rejects 'smoking gun' video, but senator will be deposed along with husband Oct 17, 2007
Along with submitting the tape to the appeals court, Paul made a request for judicial notice, asking that testimony from the 2005 trial of Sen. Clinton's campaign finance director, David Rosen, be admitted as evidence to support evidence in the video. (WorldNetDaily)
Self-Deposition Bid Rejected Despite Alleged Russian Peril Oct 3, 2007
"While the Court can take judicial notice of the risk certain businessmen face in Russia, particularly if they pursue a course which is unfavorable to the government or organized crime, Russia is not Iraq, and the murder of foreigners engaged in lawful business activity is a very remote possibility," Katz said in Tierney v. Omnicom Group, 06 Civ. 14302. (Law.com)
Judges 'decline to recognize sexual orientation as an immutable trait' Sep 19, 2007
"Based on the scientific and sociological evidence currently available to the public, we are unable to take judicial notice that gay, lesbian, and bisexual persons displayed readily-recognizable, immutable characteristics that define the group such that they may be deemed a suspect class for purposes of determining the appropriate level of scrutiny to be accorded the statute in the present case," the opinion said. Plaintiff Lisa Polyak told the Associated Press history "will hold them in... (WorldNetDaily)
LiLo's lawyer asks judge to dismiss lawsuit Sep 7, 2007
" Actress Lindsay Lohan takes a taxi boat upon her arrival in Venice September 4, 2006. Lohan stars in director Emilio Estevez's " Bobby", which is being shown at the Venice Film Festival.(Xinhua/Reuters Photo) Klein has also said the judge should take judicial notice of media reports about Lohan's recent DUI-related troubles, including the fact that she's checked into rehab twice this year, both times before she had even reached the legal drinking age. "The fact that Ms. Lohan was admitted to... (Xinhuanet, China)
Judge rules Herndon ordinance unconstitutional Aug 30, 2007
Alden added in a footnote to the ruling that "the Court must take judicial notice of recent newspaper articles regarding to the day labor site, which highlight the tenuous nature of this channel of communication.". Furthermore, Alden ruled that the town clearly intended for the ordinance to continue after the temporary day labor site--the alternative channel for communication--had been terminated. (Loudoun Times Mirror, VA)
Save Bajagua Jul 12, 2007
The federal judge will surely take judicial notice, however, that Bajagua's plant will be in service years ahead of the the commission's proposed update. Then, too, Bajagua is best placed as the starting point for the next step: stopping the northern flow of Tijuana sewage, period. (San Diego Union-Tribune -- Opinion)
Judge orders mental exam for murder defendant Feb 13, 2007
She had received judicial notice last month that she would be jailed if she attempted to intimidate anyone. Nicholson and Justin Hatch are accused in what was portrayed as a drive-by shooting that took the life of Smith's son, Todd Antonio Douglas, on Bacon Street in November 2005. (Herald Sun)
7000 Cedis (68 Cents) A Day Per Prisoner!!! Feb 10, 2007
Judicial notice has been taken of the basic fact that good food is needed to work hard. If the food that is given to our prisoners has little or no nutrients at all then where is the energy to work. (Ghana Web, Ghana)
N.Y. Judge Finds New Drunken-Driving Court Constitutional Dec 30, 2006
"The court takes judicial notice of the fact that special categories of parts have already been created in the Supreme Court of Nassau County for matrimonial actions, commercial actions, tax certiorari actions, domestic violence, and substance abuse, as well as special parts created in Nassau County District Court to handle landlord and tenant, small claims, and criminal cases," Jonas wrote. She also said that Thomas F. Liotti, the Garden City, N.Y., attorney who challenged the policies on... (Law.com)
To succeed’ should trail to replace’ Dec 30, 2006
(As a practical matter, the court will take judicial notice of the limitations that go with the writing of headlines: IF would fit in a two-column headline; WHETHER wouldn t.). Leon Gnat of Boynton Beach, Fla. (Albany Democrat-Herald, OR)
Why do you see white people begging for money at freeway off ramps and mexicans looking for work on the road side. If i had to pick one i'd rather have the mexican standing on the side of the road. More... Nov 11, 2006
Judicial Notice wrote on November 08, 2006 11:20 PM:"Judge Houston has yet to calendar a hearing for the TRO. Based on a review of his calendar for tomorrow, the Judge will be able to take Judicial Notice of many of the negative effects of illegal immigration! His calendar is available at: www.casd.uscourts.gov". Try Try Again wrote on November 08, 2006 11:33 PM:"Federal immigration law (8 USC 1621) already in effect declares that a illegal alien is not 'is not eligible for any State or local... (North County Times)
Groups ask judge to stop Escondido ordinance from going into effect Nov 9, 2006
Judicial Notice wrote on November 08, 2006 11:20 PM:"Judge Houston has yet to calendar a hearing for the TRO. Based on a review of his calendar for tomorrow, the Judge will be able to take Judicial Notice of many of the negative effects of illegal immigration! His calendar is available at: www.casd.uscourts.gov". Add Your or. (North County Times)
Thanks Escondido for getting us on your "stupid crusade"....now its gonna cost us the tax payer lots of money to defend a worthless law... More... Nov 5, 2006
wrote on November 04, 2006 12:00 PM:"The ACLU is asking the court to invalidate Escondido's claim that 'illegal aliens' contribute to higher crime rates, do not report substandard housing conditions, and overcrowd dwelling units. What a waste of the court's time. The Judge should take Judicial Notice that the City's claims are true. A quick internet search brings up numerous articles linking illegal immigration to increased crime (particularly sexual assault and slavery of immigrant women, human... (North County Times)
Viewpoint: Powell: Real issues, not 'illusory politics' Nov 3, 2006
"4. The statement by Carl Wernicke that my opponent "presented evidence" has not been verified by any documentation to my knowledge other than his statement.I have exerted every effort to conduct this campaign in a professional, non-abusive manner and have the voters decide the election on the real issues -- not illusionary politics.Mr. Wernicke is right -- "a judge isn't expected to know all the answers himself" -- but he can certainly take judicial notice of the public records.I believe in the... (Pensacola News Journal)
Driven to distraction by the law Oct 24, 2006
Indeed we take judicial notice of the fact that objects such as air fresheners, graduation tassels, and religious medals commonly are hung from the rearview mirrors of motor vehicles driven in the commonwealth. We doubt the Legislature intended this ordinary practice to be grounds, without more, for issuing citations or for justifying a stop by the police. (Ghana Web, Ghana)
DOCUMENT: Amoateng's Judgement Sep 16, 2006
And therefore the courts take judicial notice of what has happened in parliament, the court do not and cannot inquire into how Parliament went about its business. The Court cannot therefore inquire into the legality or illegality of what happened in parliament. (Ghana Web, Ghana)
What's the (legal) world coming to? Lawyer must be told to do lunch? Aug 31, 2006
He said in a footnote to his ruling that "everyone knows that Ruth's Chris, while open for dinner, is not open for lunch," adding that, as a judge, he can take "judicial notice" of that fact. Gaines then provided a list of what he said might be acceptable locations within easy distance of both attorneys' offices. (AZCentral -- Business)
Maddened by Makeup Aug 25, 2006
Even if the court were to take judicial notice of the fact that wearing makeup involves greater cost and effort than not wearing it, Jespersen still had not submitted any evidence of the cost and effort involved for men to comply with the requirements specific to their gender. The 9th Circuit also initially affirmed summary judgment for the employer on Jespersen's alternative legal theory, sex stereotyping. (Law.com)
Former jailer charged with eavesdropping Aug 24, 2006
Carr asked Tognarelli to take "judicial notice" of the facts as they were alleged in previous pleadings. Napp said that is not the way to go about getting a case dismissed. (Alton Telegraph, IL)
Banning of Dog Breeds Jul 23, 2006
The Court ruled that courts cannot take judicial notice of a dog breed's particiular behavior when a dog's "propensities" are not "authoritatively settled.". City of Huntsville v. Sheila Tack, et al. (2003) Supreme Court of Alabama. (The Clarion-Ledger)
Appeals Court reverses OWI ruling by Judge Kennedy Jun 15, 2006
According to court records, Judge Robert A. Kennedy Jr. found Mark Joseph Kovach of Round Lake Beach, Illinois, guilty of operating with a prohibited blood alcohol concentration but proceeded during sentencing to try to save Kovach an additional fine by taking judicial notice that his blood alcohol level was less than ... It also argued that the facts upon which the court relied to reject the test results were not appropriate for judicial notice. (Rhinelander Daily News, WI)
WEEK IN REVIEW: Reporters' Notebook Jun 4, 2006
As the proceeding continued for co-defendant Robert Ubriaco, attorney Mace Yampolsky pointed out an error in his client's Pretrial Services report, which referred to Ubriaco with the pronoun "she." Yampolsky asked Dawson to "take judicial notice" that Ubriaco is a man. "Certainly by all appearances," Dawson said. (Las Vegas Review-Journal -- Nevada News)
Attorneys in Tsikata's case present addresses on June 1 May 25, 2006
Mrs Justice Abban stated; "we shall strictly go by the rules, when we come next time", adding that the court had taken judicial notice of the power outage that occurred last week. The case was today adjourned at the instance of the Defence Team, led by Prof. (Ghana Web, Ghana)
Key Appellate Court Ruling Validates Guidance Software's EnCase(R) Computer Forensic Software Mar 17, 2006
Importantly, the Sanders court took judicial notice -- which is a court's acceptance of an established or incontrovertible fact -- of prior court decisions that validated EnCase, noting that "once some courts have, through a Daubert/Kelly 'gatekeeping' hearing, determined the scientific reliability and validity of a specific methodology ... other courts may take judicial notice of the reliability (or unreliability) of that particular methodology." About Guidance Software Founded in 1997,... (PR Newswire)
