LETTERS: NCT, Aug. 2, 2008 Aug 3, 2008
" 17. McCain has repeatedly said it's a dangerous mistake to tell the "enemy" when U.S. troops would be out of Iraq. In May, McCain announced that most American troops would be home from Iraq by 2013. 18. McCain was against expanding the GI Bill before he was for it. Domestic Policy 19. McCain defended "privatizing" Social Security. Now he says he's against privatization (though he actually still supports it.) 20. McCain wanted to change the Republican Party platform to protect abortion rights... (North County Times)
Judge rules in favor of Jackson in conflict case Jun 14, 2008
"Islas noted that when the item was called for it was worded that a majority of the city council had substantial doubt regarding Jackson's residency. But just Garino and Jackson had asked for the issue to be investigated. "This agenda item 16 had morphed into the evidentiary hearing, aka witch hunt," Islas said.Nowhere in his court documents does Islas cite case law for his final determination, where he concludes: "This court finds that a probable cause finding in the conflict of interest matter... (Nogales International, AZ)
Parody of Wal-Mart Trumps Its Trademark Mar 26, 2008
Noting that the retailer's only offer of proof was a "conclusory affidavit from a senior marketing manager," Batten granted Smith's motion for summary judgment as to that claim. Wal-Mart spokesman Simley said the company has used the smiley face since the 1970s, shortly after it was created, and noted that the company is currently before the Trademark Trial and Appeal Board in a dispute with Franklin Loufrani, who, according to press reports, has said he registered the design with French... (Law.com)
Title to state water rights not secure unless vested water rights owned Mar 1, 2008
The chain of title, including the declaration of land patent, is known as on offer of proof. Maxine Korman. (Great Falls Prairie Star, MT)
Live blog: Hans Reiser trial for Feb. 27, 2008 Feb 28, 2008
The judge is asking defense attorney William Du Bois for an "offer of proof" as to why he wants to call the psychologist to the stand. Du Bois said his witness is "going to offer testimony on the relative credibility of statements by children on many subjects." (Du Bois is referring to testimony that the Reisers' son has given in court. (San Francisco Chronicle -- Crime)
Judge bounces bar owners' bid to halt drink tax Dec 29, 2007
"While many vendors covered by [the drink tax] ordinance will doubtless experience inconvenience and difficulty during the early weeks of collection of this new tax on alcoholic beverages, plaintiffs' offer of proof in this regard did not convince me that compliance with the ordinance is, as they allege, 'impossible,' " Judge O'Brien wrote. "Furthermore," he added, "... plaintiffs have not shown that they are likely to prevail on the merits of the other issues raised.". (Pittsburgh Post-Gazette, PA)
Supreme Court Takes On 'Me, Too' Age Bias Nov 22, 2007
Before the close of her evidence, Mendelsohn made an offer of proof: depositions by five Sprint employees who worked at the same location, were terminated in the RIF but by different supervisors, and claimed age discrimination ... He added that there was an offer of proof of what Mendelsohn thought she could show, but "nowhere in that offer did she even allege discriminatory standard operating procedures -- only a handful of anecdotes were alleged.". (Law.com)
Vaughn's Lawyer Said Extradition Papers Too Vague Jul 2, 2007
They say Missouri law requires a detailed written offer of proof attached to charging documents. Vaughn's attorneys had hoped to learn more by talking to Illinois State Police Sgt. Gary Lawson, but St. Charles County prosecutors successfully argued in court Friday that case law is "crystal clear"--the underlying facts of the case are irrelevant in an extradition case. (CBS2Chicago.com, IL)
Havre man is sentenced to 18 years in federal prison Jun 23, 2007
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following: Between May of 2005 and September of 2006, King received and sold methamphetamine to individuals and confidential informants located in and around Havre. On Sept. 13, 2006, a confidential informant arranged to purchase one ounce of meth from King in the parking lot of the Northern Montana Hospital in Havre. (Havre Daily News, MT)
Booze party host fined Jun 19, 2007
At around 2:30 a.m., the officer was on Tuttle Drive when he "observed a young male hiding behind a vehicle," Young told Gardner during the "offer of proof" phase of the hearing. After determining the youth was underage and intoxicated, the officer radioed for backup as people began spilling out of the doors and windows of the house. (Seacoast New Hampshire)
Scrushy Attorneys Ask to Supplement Court Record Related to Jurors Exposure to Extrinsic Evidence Nov 30, 2006
The motion filed late Wednesday night asks the Court for leave to file the motion and should the Court deny the motion attorneys "respectfully requests that the text of this motion and its exhibit be included in the record as an offer of proof in support of Defendant's motion for new trial.". The motion goes on to cite testimony from Jurors 40 and 66 in a recent court hearing ordered by federal District Judge Mark Fuller to look into whether or not extraneous information made it into the jury... (WSJA.com, AL)
Prosecution, defense discuss wills Jul 22, 2006
14 THE COURT: Mr. McDermott, you want to make 15 your offer of proof. 16 MR. MC DERMOTT: Yes, Judge, the door is 17 still opened. (Albany Times Union)
It's all in the umami May 24, 2006
As an offer of proof, there are versions of this one featuring an unstirred raw egg, putting a more literal "eye" in Red Eye. But why does a cocktail like this catch on in some parts of the world but not in others. (Toronto Star -- Life)
Instructor guilty of sex assaults Apr 19, 2006
Instead of a trial being held, Coffey heard whats called an "offer of proof" from Bolton, in which he detailed what he believed the state would have proved in a trial. Coffey took a recess to review the indictments, statements and exhibits before ruling. (Seacoast New Hampshire)
Judge Deals Setback To Defense In Socom Trial Mar 11, 2006
" Simply alleging that the foundation for a warrant is flawed is not enough, he wrote. Whittemore agreed, saying the defense's argument was "not supported by an offer of proof or sufficient explanation for the absence of proof. " Doherty did not respond to a call seeking comment on the ruling. Spellissy, a former U.S. Special Operations Command officer, was indicted by a federal grand jury in November. He pleaded not guilty. If convicted, Spellissy would face a lengthy prison term and tens of... (Tampa Bay Online, FL -- News)
