Top lawyer sues WA govt over suspect tag Sep 17, 2008
September 17, 2008 - 3:47PM. Prominent Perth barrister Lloyd Rayney is suing the West Australian government after police named him as the prime suspect in his wife's murder, resulting in his mail being scrawled with the word "killer" his lawyer says. (The Age)
Superior Court Judge Rules in Favor of St. John in Lawsuit Sep 17, 2008
"The memo stated that Mr. Perrotti failed in his burden of proof for the following reasons."Prior to 1987, the defendant was a close, personal friend of the plaintiff and his family," the memo stated. "Until 2004, the defendant was described as an extended part of the Perrotti family. "In 1987, Mr. St. John rented a cottage in Rhode Island during the summer and extended an open invitation to Mr. Perrotti, who was 17, and others to visit the college."At the cottage that weekend were the... (Voices, CT)
The Big Chill Sep 17, 2008
However, 23 copies that found their way to England provided sufficient grounds for Mafouz to file suit in the UK. He chose that country because its libel laws are plaintiff-friendly: the burden of proof in America requires a complainant to prove that the author wrote something knowing it was false. For public personalities, such as Mafouz, he d also have to prove that the author acted maliciously. (Human Events Online)
Executions kill any chance to correct possible injustice Sep 16, 2008
The burden of proof was circumstantial by all admission: no physical evidence of any description, no weapon, no fingerprints, no DNA. The conviction was made from the least reliable source: eyewitness accounts. Nine claimed to have seen Davis commit the crime. (Atlanta Journal-Constitution -- Opinion)
More of this story Sep 14, 2008
Proving Say s intentions may have been nearly impossible in a criminal trial, where the burden of proof is beyond a reasonable doubt. But Teresa Tico, Wilson s attorney, will have the opportunity to provide circumstantial evidence during the civil case in an attempt to convince jurors that Say s behavior was not just negligent, but more likely than not intentional. (Lihue Garden Island, HA)
Orozco gets life for abduction, rape Sep 13, 2008
He also said that jurors ignored his client's presumption of innocence and the court's instructions that the prosecution has the burden of proof. Before Orozco was sentenced, Esteves told Hoffmeyer that the evidence the state presented during the trial, in his opinion, does not warrant a life sentence. (Sioux City Journal, IO)
'Study' an issue in stadium field discussions Sep 13, 2008
"The burden of proof is on us," Paul Checco, the interim chairman of the Municipal Building Committee, told the selectmen this week regarding possible negotiations or legal efforts to force the construction manager to provide a new field. That night, the selectmen unanimously approved two appropriations of up to $20,000 to provide a scoreboard and temporary bleachers at the other synthetic field that was installed as part of the $31. (Brookfield Journal, CT)
Dion Pledges Energy Subsidies, Calls Harper's Diesel Tax Cut a `Gimmick' Sep 13, 2008
Dion also reiterated he wants competition regulators to have more power to use civil law, where the burden of proof is lower, to investigate allegations of price-fixing. Also today, Harper said if re-elected he would loosen foreign ownership restrictions for some industries to make the economy more competitive and set a new rule to block takeovers that raise national security questions. (Bloomberg -- Canada)
RiskMetrics (ISS), An Independent Proxy Advisory Firm, Recommends Voting the GOLD Card for Four of PTV's Nominees: Anderson, McInerney, Melrose, and O'Holla Sep 12, 2008
In its report, RiskMetrics described its processes as follows: "When a dissident seeks a majority of board seats, RiskMetrics will require from the dissident a well-reasoned and detailed business plan, including the dissident's strategic initiatives, a transition plan and the identification of a qualified and credible new management team. RiskMetrics will then compare the detailed dissident plan against the incumbent plan and the dissident director nominees and management team against the... (PR Newswire)
Fourth person to stand trial in homicides Sep 12, 2008
Twenty-seventh District Judge Randy Kalmbach said DNA evidence presented by the Wayne County Prosecutor's Office met the burden of proof to move the case forward. Three other defendants Alicia Hartner, 18; Michael Wellwood II, 19; and Phillip Morris, 22, all of Woodhaven were charged in the killings less than a week after they occurred. (The News-Herald)
License nightmare (28) Sep 12, 2008
When she went to renew, she faced what became almost a monumental burden of proof. She needed proof of her current legal name, legal presence in the country, identity, date of birth, Social Security number and an Oregon residence address. (Albany Democrat-Herald, OR)
Court dismisses Appelgate suit against the city Sep 12, 2008
In a motion filed before the trial, defense counsel argued that Appelgate, who represented herself in the case, had become a public figure and, therefore, faced a higher burden of proof in her claim that the city had defamed her than a private citizen would face. Also, the city contended, Appelgate had failed to show evidence that the statement Juhl made in his e-mail - which had been sent accidentally to Appelgate and city council members by another party - was either false or malicious. (Mid Iowa Enterprise, IA)
Rice goes to Hill to request N-deal vote Sep 10, 2008
"The burden of proof is on the Bush Administration so that Congress can be assured that what we're being asked to approve conforms with US law," Berman said Sunday, prompting Rice to make a personal visit to brief him about the Vienna waiver after a phone conversation with him on Monday. Democrats control both chambers in Congress and it is generally thought that they would be loath to hand Bush any foreign policy success in his final weeks in office. (India Times, India)
Judge Rules Product Liability Suit Pre-empted by Federal Vaccine Act Sep 9, 2008
The plaintiffs said the Vaccine Act didn't automatically pre-empt the design defect claim because the vaccine defendants have the burden of proof to show on a case-by-case basis that the use of thimerosal is " unavoidably safe,'" New said. Courts can interpret the Vaccine Act two ways, the plaintiffs argued, and should only interpret the Vaccine Act to pre-empt design defect claims "only if first the side effects are determined to be unavoidable on a case-by-case basis," New said. (Law.com)
King falls from rankings Sep 9, 2008
Northside doesn t face the same burden of proof as, say, East Paulding. Not sure that WaCo, Monroe and Gainesville are really Top 10 teams. (Atlanta Journal-Constitution -- Sports)
House panel chief unwilling for waiver Sep 8, 2008
"The burden of proof is on the Bush administration so that Congress can be assured that what we're being asked to approve conforms with US law," Berman said. The Hyde Act and the Atomic Energy Act require that after the administration submits the India deal to Congress, 30 days of continuous congressional session must elapse before a resolution of approval can be introduced, he noted. (India Times)
LETTER: The Real McCain was a real pain to read Sep 8, 2008
This is a difficult attack to defend against, and the attacker minimizes his burden of proof. If Mr. Frenkel s opinions are not necessarily those of The Winchester Star, then I respectfully suggest that the Star more carefully differentiate between opinions of individual readers and those of the newspaper itself. (Winchester Star, MA, MA)
Strange twist for plaintiff in UBS case Sep 4, 2008
A Labor Department spokeswoman, Sharon Worthy, declined to say whether it was typical practice for the Labor Department to place this burden of proof on a whistle-blower. In a statement, she said the department "must establish as part of the investigation that the complainant is covered by any of the statutes; consequently, information would be requested to establish coverage.". (Boston Globe)
Judge: Asarco's directors breached duty Sep 4, 2008
The judge said that showed that Asarco met its burden of proof in claiming that element of conspiracy. The court said that Asarco failed to prove, however, that AMC engaged in the type of "egregious conduct" warranting punitive damages. (AZCentral -- Business)
Dentist Insider-Trading Case Starts as U.K. Regulator Targets Market Abuse Sep 4, 2008
Cole told the select committee in May that while the burden of proof was for practical purposes the same in civil and criminal cases, criminal prosecutions are more of a deterrent. Philippe Jabre Case. (Bloomberg -- Europe)
Fate Of Embattled Detroit Mayor Looms Sep 3, 2008
"The burden of proof is sufficient evidence satisfactory to the governor," Granholm said in her remarks. "This is not a criminal trial. This is not a civil trial.". (CBS News -- US)
Probate hopefuls speak to Rotarians Sep 3, 2008
I understand the burden of proof that has to be met and what due process means, he said. I promise to maintain an open mind and be fair in making my determinations. (Calhoun Times, GA)
The CSI Effect: Drama Raises Interest in Criminal Justice Careers Sep 1, 2008
Another study finds that it may also affect the way criminal trials are conducted, with prosecutors expected to present greater amounts of forensic evidence in court to meet a burden of proof ... "Shows like CSI present crime-solving as something quickly-accomplished or easily proven with advanced forensic technology. But unfortunately we know that in the real world, solving crimes and establishing evidence to meet a burden of proof is really much more complicated.". (Pekin Times, IL)
* Cabinet to submit anti-corruption amendment Aug 31, 2008
The issue has aroused human rights concerns as the presumption of guilt goes against the presumption of innocence X an established principle in modern jurisprudence X as well as the defendants right to silence, and the principle that the burden of proof is on prosecutors. Attendants at the hearing, from other government agencies, the judiciary and academia, however, spoke with one voice on the issue, considering the amendment a necessity if the country is to strengthen the fight against... (Taipei Times, Taiwan -- World)
Little-Known Palin May Be Benefit or Bust for McCain's Campaign Aug 30, 2008
The burden of proof, if anything, is a little bit higher, so I think there is a little miscalculation on that assumption,'' Napolitano said in an interview on Bloomberg Television's ``Conversations with Judy Woodruff. . (Yahoo News -- Politics)
Incyte Corporation Q2 2008 Earnings Call Transcript Aug 30, 2008
Could you please discuss the difference if any in the burden of proof between the MF indication and PV and ET in terms of most relevant clinical outcomes. And then the second question relates to the developments yesterday in acknowledging that, its obviously early but discuss what you learned from the FDA panel meeting for Actemra for the RA indications. (Seeking Alpha, NY)
Testimony continues in capital murder case Aug 29, 2008
What the evidence in this case will show is that my defendant arrived at the club that day with T.C. Turner and another individual, De Gruy added as he reminded the jury the burden of proof in the case is on the prosecution. After they arrived, Lewis went around the corner to answer nature s call. (Columbus Commercial Dispatch, MS)
LETTERS: NCT, Aug. 28, 2008 Aug 29, 2008
As quoted in Our Changing Planet (1997) from the original 1989 report"So you see, even this esteemed scientist who has given his lifes work to the hype known as Global Warming isn't even sure how much man is to blame, and that there are many factors and questions that are unanswered. According to Dr. Robock, we need BILLIONS of dollars in funding for more computers and research grants to actually get to the bottom of the hype known as Global Warming.You see, for all of "The Whizzer's" hype about... (North County Times)
Schaghticokes Denied In New Court Ruling Aug 29, 2008
"STN has a heavy burden of proof in establishing that the Department's RFD cannot withstand judicial review," Judge Dorsey concluded. "An agency's interpretation of its own regulations is entitled to deference." He added that an agency is "entitled to reverse course on a decision so long as it provides a reasoned analysis for doing so." The STN argued that the RFD failed to explain why the BIA no longer believed that state recognition evidence contained in the record was entitled to any weight,... (Litchfield County Times, CT)
Hills Bank seeking 500K from Sueppel estate Aug 29, 2008
Hills Bank has the right if it has a "burden of proof" or evidence that Sueppel embezzled the bank's money, he said. Typically, an estate would go to the parents of the deceased, and siblings would be next in line, he added. (Daily Iowan, IA)
Former rail chief joins plea for separated crossing Aug 29, 2008
The DOT had the burden of proof on all issues. Throughout the hearing, which was considered a quasi-judicial proceeding, testimony came from witnesses called by the Wisconsin DOT, the county and UP.. (Watertown Daily Times, WI)
Producers dig up new gravel rule proposal Aug 27, 2008
"I brought forward the point about the difficulty on any given landowner to be burdened with having to prove that it was the gravel operator that damaged the water. I'm rather hung up on leaving the burden of proof on the neighboring resident to take on the gravel industry," he said. Healy said the Alaska Rock proposal includes a requirement that gravel producers seeking to mine in the water table carry $5 million in general liability insurance. (Anchorage Daily News)
The burden of proof on the drinking age Aug 24, 2008
The Star-Ledger EditorialsEditorials on crime, politics, the economy & more. Popular video categories. (The Star-Ledger - NJ.com)
Opposition to New Cell Phone Towers in County Aug 23, 2008
"The only thing they've changed in each application is the height of the tower." Purschke noted that the burden of proof is on the company to provide substantive proof that co-location on a current tower would not work and why. On the proposed Dinosaur Drive tower, there are two off-site residences located within the fall zone of the tower. (Missourian Publishing, MO)
Highway 26 railroad crossing hearing Wednesday Aug 23, 2008
The DOT has the burden of proof on all issues. ADVERTISEMENT. (Watertown Daily Times, WI)
Tech on trial Aug 22, 2008
While the use of the technology is growing among both defense and plaintiff's attorneys, Tennille says it is used most frequently by plaintiffs, since they have the burden of proof. "They are going to use whatever means are available to them to carry out that burden," he says. (Business Journal of the Greater Triad Area)
Saving Jeff Wood Aug 22, 2008
The use of violence, force or coercion by the state demands a high burden of proof. In Wood's case, it falls on the state to show that the death penalty can be justified only in terms of what is necessary to guarantee the population's safety or survival. (The Daily Texan, TX)
Khawaja not part of London plot, defence argues Aug 21, 2008
Greenspon on Tuesday introduced a non-suit motion asking Ontario Superior Court Justice Douglas Rutherford to immediately quash the charges because the Crown has failed to meet the required burden of proof that Mr. Khawaja is guilty. He argued much of the prosecution's case actually supports Mr. Khawaja's story of wanting to become an enemy combatant in the war in Afghanistan, not an urban terrorist. (National Post)
Ratepayers out of pocket $5m after developer concessions Aug 21, 2008
"Due to the significant passage of time since the event occurred, there is insufficient evidence to meet the required burden of proof for negligence or misconduct," he found. send photos, videos ffs to 0424 SMS SMH (+61 424 767 764), or us. (Sydney Morning Herald -- Australia)
Hyundai tries for spot in slumping luxury market Aug 21, 2008
We recognize that we've got this burden of proof, Krafcik said Wednesday while showing off the new car to automotive reporters. Television ads already are starting to air, and Hyundai was fortunate enough to get the first 30-second spot after U.S. Olympic swimmer Michael Phelps won his eighth gold medal in Beijing, Krafcik said. (San Diego Union-Tribune)
FORUM: Questions still linger about CAA Aug 19, 2008
The burden of proof is on the CAA and time is short. If the CAA does not fully comply with pending FOI requests and answer all remaining questions, then the Department of Social Services must take over the operation. (New Haven Register, CT)
Internet Radio's "Last Stand" Aug 17, 2008
The test that must now be made is against the requirement that copyright laws "promote the progress of science and the useful arts." The burden of proof should be on demonstrating that the laws do promote the progress of science and the useful arts because copyright is a limitation on the rights of the public and therefore intrinsically a burden on society. In granting copyright society temporarily yields their natural right to a privilege offered authors & inventors, [uchicago. (Slashdot)
Forgive them, father Aug 16, 2008
He says it is possible he was interested in removing the issue of consent from his burden of proof and would have found the charges in a book of retrospective legislation at the station. He is not homophobic, he says. (Sydney Morning Herald -- Australia)
Bid to Seal Records in $2.5 Billion Lawsuit Rejected Aug 14, 2008
While Quantek maintained that "the confidentiality designations are based, in large part, on their efforts to protect the interests of third parties unrelated to this litigation," Cahn concluded that it had failed to meet its burden of proof. The judge observed that "many litigants have referred to the standard applied in the federal courts, which appear to allow sealing more freely than in the New York courts.". (Law.com)
Sierra Leone: British High Commission Loses Visa Case Aug 14, 2008
In the immigration judge's determination and reasons dated July 3, 2008, Judge Saffer ruled as follows: "The appellant is a woman of limited means. That does not mean she cannot travel. I have no reason to doubt that she would return to her family as I accept that she has been here and returned previously."On the balance of probabilities and on the totality of the evidence before me I find that the appellant has discharged the burden of proof. Therefore the respondent's decision is not in... (allAfrica.com)
'I didn't do anything': Pelo says he's innocent in '06 police interview Aug 14, 2008
let's see wrote on Aug 14, 2008 2:48 AM:" Total denial does not make one innocent. He had a lot resting on the line -- he would only declare his innocence; he would not do anything to prove it. The burden of proof in this case did not just lie with the prosecution. The former cop and his team had some proving to do as well. He never got that concept; he must have always told himself, I'll be find because what you do is just flat deny it and keep denying it. Some people think if they said it loud... (The Pantagraph newspaper)
Judge sentences absent juror to serve as a warning to others Aug 14, 2008
" - Where's the burden of proof? Just because the Judge thinks Leibengood lied dosen't give him the right to do what he wants. ". VALPO RESIDENT wrote on Aug 12, 2008 7:58 AM:" THE COURTS ARE OURS AND THE JUDGES THINKS ITS THEIRS,WHAT A JOKE ". (Munster Times, IN)
Flight Attendant: Osteen Attacked Me Aug 13, 2008
"Ultimately the truth is in the details. And if this witness or any witness is mistaken or as Ms. Brown has repeatedly said, she can't be 100 percent sure of, then, this jury goes back to the jury room remembering that it's Ms. Brown's burden of proof, and thinks, 'We just don't know what happened,'" Brian Wice said. Hardin brought up a statement Brown made in her deposition in which she called Lakewood a cult-based church, and described Victoria and Joel Osteen as the devil. (Click2Houston, TX)
Gay can't believe U.S. stars think he's one of them Aug 12, 2008
The indelibly stained record of this race has left Bolt, Powell and Gay a ponderous burden of proof. It has created a climate so cynical that the inclination to celebrate an athlete as unassuming as Gay is tempered by the instinct to issue a disclaimer. (San Diego Union-Tribune -- Sports)
Harper plan would keep closer tabs on ex-cons Aug 11, 2008
The Liberal policies had forced defendants to bear the burden of proof in arguing why they shouldn't get adult sentences once convicted. With a report from The Canadian Press. (Globe and Mail -- National)
Red-light cameras on the table for Longview council this week Aug 11, 2008
bucketball wrote on Aug 10, 2008 1:04 PM:" Before anyone thinks this a good idea read this http://www.msnbc.msn.com/id/23710970/ The city just wants revenue and if you do get a ticket take it to court. It should be a guaranteed win for the owner of the vehicle since the burden of proof lies with the government to prove who was driving. ". TDN Bad Boy wrote on Aug 10, 2008 1:22 PM:" This is a great idea. I want people who don't follow the laws to be punished. Cry and whine all you want. All you... (Longview Daily News, WA)
Meisinger convicted of third degree assault Aug 10, 2008
"Yes, it was. Travis Meisinger doesn't have to prove anything. The burden of proof is on the state. He had a reasonable belief that he was in danger." ... He explained the legal definitions of assault and use of a deadly weapon and said the burden of proof was on the state. (Columbus Telegram, NE)
Justice minister promises new moves to get tough on youth crime Aug 10, 2008
The Liberal policies had forced defendants to bear the burden of proof in arguing why they shouldn't get adult sentences once convicted ... But he also noted the ruling hinged on the narrow questions of who should bear the burden of proof and didn't, in principle, rule out all possibility of heavier sentences for serious youth crime. (Globe and Mail)
Native landowners plan appeal in trust fund case Aug 10, 2008
An appeal will filed "as soon as possible," Cobell said Friday, saying that litigation unfairly put the burden of proof for financial mismanagement on Native landholders instead of the Interior Department. The decision to appeal comes in the wake of U.S. District Judge James Robertson's ruling Thursday, providing a 455. (Rapid City Journal, SD)
Indians will appeal trust ruling Aug 9, 2008
An appeal will be filed as soon as possible, said Cobell, adding that litigation unfairly put the burden of proof for financial mismanagement on Native landholders instead of the Interior Department. The decision to appeal comes in the wake of U.S. District Judge James Robertson's ruling on Thursday, providing a 455. (Missoulian, MT)
Appraisal reform takes stage in Nassau County Aug 8, 2008
Williams called it a "broken appeals process," and both he and Franklin said the problem is that there is a "presumption of correctness" in favor of the property appraiser and that the burden of proof is unfairly placed on the property owner when appealing the taxable value of their property. All three candidates vow to lobby in Tallahassee to get Florida statutes changed. (Florida Times-Union)
Forget about flavour and paint the town beige Aug 6, 2008
Law, for example, has all that sub judice and habeas corpus stuff; contempt of court, burden of proof and double jeopardy, not to mention writ and estoppel, statute, lien and tort. Medicine positively quivers with its aqueous humours and myocardial infarctions, its medullas and amygdalas, metacarpals, metatarsals and mitochondria, plus any number of osises, itises, opathies and ectomies. (Sydney Morning Herald -- Opinion)
Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape Aug 5, 2008
If a race-neutral explanation is offered, then the judge must determine if the defendant has met the burden of proof of purposeful discrimination. The majority in Cook said that while Cook met his prima facie burden, McMahon was able to offer credible, race-neutral explanations for 11 of the 14 black potential jurors he challenged. (Law.com)
Caught In A Net Aug 4, 2008
So, the burden of proof is on the user, not on the prosecutors. This appears to be an extension of the argument that one is responsible for any illegal activity occurring in one's house. (India Times, India)
Smoking ban foes have their day in Polk court Aug 2, 2008
Thompson said the plaintiffs didn't meet that burden of proof and said a temporary injunction of a law that had already been in effect for a month would be "an extraordinary remedy.". The smoking ban, signed into law April 15, outlaws smoking in most public places, including bars and restaurants, but the law contains some exceptions like the gaming floors of casinos. (Waterloo-Cedar Falls Courier)
ASIAN POP Could Obama be the first Asian American president? Jul 31, 2008
Does the burden of proof in these cases rest solely on the shoulders of people of color. Jeff Yang forecasts global consumer trends for the market-research company Iconoculture (). (San Francisco Chronicle -- Crime)
Alderwoman Living With Daughter Outside the City Jul 31, 2008
The burden of proof rests on the challenger, he said. The issue in Missouri and most states focuses on where a person intends their permanent address to be and where they are when they change that intent, he said. (Missourian Publishing, MO)
Polarizing Viewpoints on Sex Trafficking Jul 31, 2008
Attitudes toward prostituted women: Considering that the average age of entry into prostitution in the United States is 12-14 years old, the House bill and abolitionists recognize that requiring proof of force, fraud or coercion in cases involving prostituted adults is a very high burden of proof and the burden falls on the victim ... Further, they argue that the burden of proof must be removed from victims of trafficking and placed on the pimps and traffickers. (Townhall.com)
Questions linger about Donaghy Jul 31, 2008
Plus, the burden of proof in the court of public opinion is far less than in the court of Judge Carol B. Amon. So we heard Lauro rail against Stern and the NBA on Tuesday and make more vague, unsubstantiated allegations about others -- no one ever has a name -- who supposedly committed crimes. (News & Observer -- Sports)
Amid Salmonella Case, Food Industry Seems Set to Back Greater Regulation Jul 31, 2008
Industry leaders have said they hope to get compensation from Congress to make up for losses, and those who are to appear Thursday said they also planned to demand a stricter burden of proof before the F.D.A. blames a particular food product for any future outbreak. More important than the financial loss is the loss of consumer confidence, said Kathy Means, vice president for government relations at the Produce Marketing Association. (Atlanta Journal-Constitution -- Health)
