In a civil forfeiture case, the state need only show probable cause to believe the seized property has a substantial connection to criminal activity; then, the burden shifts to a claimant to prove by a preponderance of the evidence that ...

Tagged with: Constitutional

Although the plaintiff-prisoner contends that he was denied access to telephone and mail to use to contact attorneys and family members to report a crime committed against him by prison officials, and although he contends that he has no alternative ...

Tagged with: Constitutional

While the proper application of Project Review Criteria 16(c), 22 and 23(a) may have the effect of protecting competing providers who already have a presence in the service area, this particular group of providers is not limited to in-state interests. ...

Tagged with: Constitutional

While the proper application of Project Review Criteria 16(c), 22 and 23(a) may have the effect of protecting competing providers who already have a presence in the service area, this serves the purposes of the Certificate of Need Act to ...

Tagged with: Constitutional

In a criminal sexual conduct with a minor trial, the court admitted the testimony of the purported victim of an uncharged second crime and her mother (Mother 2), who was in the U.S. illegally and who had been granted a ...

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Where plaintiffs allege that defendants’ municipal courts incarcerated the unrepresented indigent plaintiffs, plaintiffs have stated claims under 42 U.S.C. § 1983 for violation of the Sixth Amendment and the Equal Protection Clause. The court denies defendants’ motion to dismiss. Municipal ...

Tagged with: Constitutional

A pre-Mirandized question, “Where my lawyer at?”, did not require suppression of defendant’s subsequent comments. We affirm the trial court’s denial of defendant’s motion to suppress. Before a police detective read defendant his Miranda rights, defendant asked, “Where my lawyer ...

Tagged with: Constitutional

At his post-conviction relief hearing, respondent claimed he was rendered incompetent by drugs given to him while was in jail; however, respondent offered no evidence as to the specific medications and dosages he was administered at the jail while awaiting ...

Tagged with: Constitutional

In the absence of an important public policy or at least an exceptional circumstance, modifying a defendant’s truest exercise of the Sixth Amendment right to an in-person confrontation of witnesses against him is inappropriate. Nevertheless, the Skype testimony in this ...

Tagged with: Constitutional

Holding: Although the intelligent and articulate defendant clearly expressed his desire to proceed pro se, and although he told the judge that attorney Carl Grant – though not representing him – was nevertheless coaching him, we are unaware of any ...

Tagged with: Constitutional