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  2. The purpose of the corpus rule is to make the prosecution establish that a crime has been committed before it can introduce any extra-judicial statement of the accused that inculpates him or her.
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    I'd expect a couple of months. While the court may be able to reach its decision quickly, the panel still has to assign it to one of the judges to write the opinion and as your case is not one that has any urgency they will tend to put that behind other more pressing cases and cases that came in before yours. My experience is with other circuits and not the ninth, but expecting a decision in just a couple of weeks is likely unrealistic.
  4. Today
  5. No. End of discussion, then. No and no. Your kids are (presumably) adults. Paying for their post-secondary education is their responsibility. That you're willing to assist with that is great for you and them. That their mother isn't willing to help is a bummer for them but legally none of your concern. If you wanted something in your decree requiring that the two of you equally contribute to post-secondary education, you could have sought that in the divorce (although I don't know if Michigan law would allow the court to have considered that).
  6. Did you really think the answer to this question might be anything other than yes? And did you really not know that your sister and her fellow employees can complain to the state department of labor and/or sue (presumably after speaking with their boss(es) and/or the payroll department at the school and asking "WTF?")?
  7. I'm not sure what "that" refers to in this sentence. However, as I already told you, throwing around a bunch of archaic Latin terms isn't going to be of any use to you. The burden of proof is "beyond a reasonable doubt," but whatever. In any event, as I also already told you, based solely on the one-sided information you have provided, it sounds like you have a reasonable chance of beating the DUI charge. Congratulations. Now...hire yourself a DUI defense attorney.
  8. Unless your divorce decree specifically states otherwise, neither you nor she has a legal obligation to pay college expenses. If the divorce decree states that she is required to pay some or all of college expenses, then you take her back to court to enforce it. If the divorce decree does not address the matter, then you can't sue her for failing to do something she's not obligated to do in the first place. That you choose to do so is of course a credit to you, but it is nonetheless your choice. You don't get to sue her for making a different one.
  9. In most states I would tell you to go to the state Department of Labor, but in your state that is an exercise in futility as the GA state DOL refers everyone to the Federal DOL. The Federal DOL will take a claim from an employee in any state, but they will only support Federal minimum wage, plus overtime. There's always small claims, but each employee would have to sue separately. Really, they should be speaking to a GA employment law attorney, who can tell them what their best options are.
  10. Look,forget about "Corpus deliecti." It involves proven that a crime was committed,irrespective of who committed it, which follows after,if indeed,it is determined that a crime,in fact was committed. As far as what the prosecution can prove,what other evidence the police have,that we,perhaps you to,do not know,or weather your case will be dismissed,will depend on all the facts presented at your trial,or Court Hearing,before trial.. Now based on what you told us,It would appear you have a good chance of the charges being dismissed,but here again,if you answered "a lot of question,"and made some incriminating statements,you may have given the police,just enough evidence coupled with the BAC level in your system to seal a conviction.I'm sure you know,you have a right to legal representation,if you cannot afford to hire your own Attorney,but be sure to explain "everything,"that happened to your Lawyer,and don't leave anything out. I hope you have a good day Sir:
  11. Any merit in filing a small claims lawsuit against my exwife for not helping to pay for our children's college expenses. I have paid huge sums for child-support, and now that is over all children are enrolled in universities. The costs of post secondary education is very high and (2) children are at times stuck financially to proceed to get 4yr degrees, I (father) continue to help 100% in most cases when I can. The childrens mother (biological) simply refuses knowing well that it is another method to financial constrain me, and create a further financial strain even though decree states nothing after high school graduation. Is there a precedent to sue a biological parent for the 50% difference for loans etc. to educate their children after High School. With both parents employed, yet divorced living apart, can a suit of this nature succeed based on one parent assuming 100% costs vs. the other parent 0%, for post secondary education. Both parents are 100% behind education, so that our children get degrees to successfully enter a career that will pay well and become independent on their own. Thank you for any replies.
  12. My sister works for a somewhat shady but well-known private early education chain of schools. The employees were recently paid, but when said employees attempted to cash their checks directly at the same bank the school uses (to get the cash instantly), they were told there was not enough money in the school's bank account to pay them. Essentially, the school cut bad payroll checks. This isn't the first time this has happened. Is there some kind of legal action the employees, including my sister, can take to ensure they actually get paid?
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    Can anybody give me a rough estimate of when the Court of appeal issues an order on appeal from a denial to amend. e.g., weeks or months. The matter has already been briefed, I filed my motion, the government replied by filing their 'motion to dismiss for lack of jurisdiction. My question is if the issues are clear cut on either side how long would it normally take for the Circuit Court take to issue an order? (again I understand that it would be rough, but I would rather have a rough estimate that someone has experienced)
  14. You're just going to have to take your chances as there is nothing you can do to compel her to change her position. This is the kind of thing that roommate arrangements get you.
  15. Sigh. It's not "shadow of a doubt" it's "reasonable doubt." A standard which, according to the US Supreme Court (Miles v. United States), means: Whether the prosecution can present evidence that would meet that standard is anybody's guess. Hire yourself a lawyer who specializes in DUI defense. Go it alone and you're sure to mess it up.
  16. South Carolina has a section of landlord tenant law that applies "generally" to landlord tenant agreements. It is separate from the residential landlord tenant laws. The only thing in there that appears to apply to your situation is 27-33-50 Financial Responsibility of Tenant for Utilities: Seems to me (unless your lease says different) that your hot water problem is for you to solve. You might have to install a generator to power the water heater.
  17. That why i was talking about the corpus dilecti they are assuming and there is no witness they cant prove without a shadow of a doubt it was me even driving or at a point 8 or over
  18. In a commercial landlord-tenant situation, probably none. Most issues of this sort in the commercial context are entirely a matter of contract, not law. your lease and then call or visit your landlord and discuss the situation and see what you can work out.
  19. Corpus delecti is a Latin phrase that means "body of the crime." It is not a question and, therefore, not susceptible of an answer, so your statement that you "need answers to corpus dilecti [sic] makes no sense. Huh? Good grief. How about using something that resembles proper capitalization and punctuation so that we can more easily read and understand what you write? What you described suggests that you have a reasonable chance of beating a DUI charge (of course, we have no other information other than what you told us and the cop(s) involved may have very different stories to tell). Hire the best defense attorney you can afford and proceed to defend yourself. Your case isn't going to get "tossed out" unless you take the appropriate steps to get it dismissed, and throwing around a bunch of archaic Latin terms isn't going to be of any use to you.
  20. Dui

  21. Fascinating. Do you have a question? If so, you should state your question in a complete, coherent sentence and provide relevant facts.
  22. No. That's why I wasn't rude.
  23. No, this forum was not built for any given person's personal gratification. I'm sure if you dig through enough old posts, you'll find dozens or hundreds of incidences where folks spouted nonsense. In fact, I can assure you that there are threads on this very issue in which the nutjob argued with great intensity. In this case, at least the OP was only asking about something he/she read and did not assert the truth of it (which makes your condemnation of him/her unwarranted). But please don't resurrect posts that have been dormant for years solely to feed your personal need for vindication and to the annoyance of pretty much everyone else.
  24. Discuss with your attorney whether you can petition for an interim order that would require your husband to pay your fees on an ongoing basis. Alternatively, see if your attorney will agree to defer payment until the end of the case.
  25. There are few, if any, protections for commercial tenants. Commercial tenants are assumed to be business people capable of taking care of their own needs. Having said that, your first step is to read your lease. In the lease it will probably spell out who is responsible for the systems. It will probably also contain a paragraph saying the landlord does not guarantee the unit is fit for whatever purpose you intend to use the unit for. If there is not enough hot water for your purpose, that is probably your problem. Although the service panel is in another unit that should not prevent an electrician from accessing the panel to modify the service, if necessary.
  26. Its already on order, but okay. I get it. Thanks.
  27. If I understand you correctly,you are telling me that your drinking started only after,you got a ride home,so because you weren't driving,but at home,How can that be proof you were DUI? Now to answer that,usually that's not the way someone get's charged with DUI,but in your case,I would say,if they were able to determine by you BAC level,against the time that has passed when you left your vehicle,and when you say,you started drinking,they may have fairly estimated,that you had already been drinking and were lying to them about,drinking only after you got home. You stated also that the Officer ask you a lot of questions,so,perhaps what you told them,gave them additional evidence to rely on along with the Breathalyzer Test.Normally,it does take about an hour after your first drink for your BAC level to drop. So,Do you remember What your BAC was when they tested you,and did they also do a urine or blood test??
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