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Showing content with the highest reputation on 04/20/2017 in all areas

  1. 1 point

    Besides, stupid?

    Unless a local prosecutor decides to file charges and prosecute the matter neither will be convicted or face any penalty.
  2. 1 point

    Slander Claim, Federal Court

    The rule in federal court is that two different claims against the same defendant can be joined together but if the two claims are unrelated then the federal court must have federal jurisdiction over each claim separately in order to hear each of them. See Federal Rule of Civil Procedure (FRCP) 18 and Hurn v. Oursler, 289 U.S. 238, 53 S. Ct. 586, 77 L. Ed. 1148 (1933). Your slander claim is a state law claim that is not related to the Title VII federal discrimination claim. That means that in order to join the state law claim to the Title VII case you must meet the requirements for diversity jurisdiction. The requirements for federal diversity jurisdiction are set out in 28 U.S.C. § 1332 as follows: “(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between-- (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.” As you are suing a union, you and the union must be citizens of different states for you to meet diversity jurisdiction. Most unions are organized as corporations. The rule for a Corporation is that it is considered a citizen of every state in which it is organized and in the state where it has its principal offices. 28 U.S.C. § 1332(c)(1). So even though the union has no offices within the state, if it is incorporated in NJ then you would not meet the requirements for diversity jurisdiction because you and the union would be citizens of the same state. The other main requirement for diversity jurisdiction is that you must be able to state that the damages in your slander claim exceed $75,000. You have not indicated that you have suffered any amount of financial loss from the alleged defamation, let alone that it exceeds $75,000. From the description of your slander claim, I do not think you could plausibly claim that it is worth more than $75,000. Unless you can point to real damages from the slander that total more than $75,000, you will not meet diversity jurisdiction and in that case you would have to bring the slander claim in a separate state court lawsuit.
  3. 1 point

    drug tests

    Are you on parole or probation. If yes, then it's legal. If you thought it was a false positive then you should have immediately got yourself tested elsewhere (and paid for it). Too late now. I suggest you consult a criminal defense attorney.
  4. 1 point

    Is it a Conflict of interest

    So, the public defender's office got him a conflict counsel and so avoided the County having a conflict-of-interest in defending him. Seeing this post, my question would be whether or not the County also had a potential conflict-of-interest in prosecuting him depending on how close the victim family's connections were with the State's Attorney's office?
  5. 1 point

    Is it a Conflict of interest

    Side of the family? And, of course you would not give a "victim impact statement" if your son was the defendant. What do you mean that he "used to be . . . [an] attorney in the county"? Do you mean he used to have an office in that county? If so, what difference would that possibly make? If he is a former judge, that could only have worked to your son's benefit.
  6. 1 point

    Is it a Conflict of interest

    A conflict of interest for whom? Was it the sheriff's office that arrested your son? Was the victim's father a witness? In what state did this happen? Which they apparently did, thereby negating any possibility that his lawyer had a conflict of interest. Huh?
  7. 1 point

    Chemical Compunds...

    I can't say I recall any such instance. That said, I certainly have had times when I have put things in writing that were not up to snuff, and I can assure you that folks called me on it. If you want to communicate in writing, you need to be able to write in a manner that makes it easy for others to read and understand what you write. Oh stop. All I wrote was that "your inability to write above a sixth grade level or so doesn't exactly help the credibility of your theory." That's hardly character assassination. I never suggested I thought that. Indeed, I didn't make any comment at all about your case. Apparently your reading comprehension isn't any better than your writing ability.
  8. 1 point

    Chemical Compunds...

    Excuse me pg1067! My apologizes for this case exhausting me to the point of fading in and out of sleep as I am typing my questions in this forum. I'm sure a genius of your stature has had a time or two in your own life where you have had something stress you out bad enough to push yourself to that same state. I hope you'll forgive me of because after your assassination of my character. Now, as far as there not being any evidence to support my theory as Tax_Counsel stated... You're gonna sit there and tell me that confessions of the American government's involvement in the importation of narcotics from other country's by the ex heads of the CIA and DEA were all just staged confessions. That they lied?! Find that awful hard to believe. Kind of similar to how you seem to find it hard to believe I'm telling the God's honest truth concerning my case. There can always be doubt cast upon anything. On the lighter side of things, when you do finally quit attacking an individual's intelligence and/or statement of facts, you are both very wise in your knowledge of the law and I have "back doored" your professional answers with a more in depth research based off of what you have told me. For that I am very thankful! So as I have said and this site was apparently made for, let's stick to what has been said. If you have a question, then ask it in a respectful manner and you will gain a respectful answer, ultimately achieving the goal at hand sooner and without headache or heartache. Thank you and have a wonderful rest of the day!
  9. 1 point

    Chemical Compunds...

    Let's start with the fact that your inability to write above a sixth grade level or so doesn't exactly help the credibility of your theory. As far as this question, it makes little sense since it is predicated on your absurd theory being true. Also, what does "give us something stating what they must find in the drugs" mean? Who are "us," and who are "they"? If you're saying that a conviction relating to the sale or possession of some drug should require evidence that the drug is what it is alleged to be, that's beyond dispute. Of course, the standard of proof is "beyond a reasonable doubt," not "beyond a shadow of a doubt." Sure. The chemical name for LSD is lysergic acid diethylamide. The basic chemical formula is C20-H25-N3-O. You can get more details regarding the chemistry at the Wikipedia page or any number of other online sources. You can get the same information about the other two drugs you mentioned in the same manner. Not sure what this means. Criminal drug cases don't proceed based on assumptions. If you're charged with a crime, your defense attorney can request that a sample be made available for independent testing at your expense.
  10. 1 point

    Chemical Compunds...

    Your theory as to why drugs are called controlled substances is not supported by any good evidence. There is nothing I've seen that indicates the federal government is actively involved in importing illegal drugs and distributing them to recreational drug users. Controlled substances are so named because their possession, sale, distribution, and use are strictly controlled by federal law. Controlled substances are not all illegal drugs. Indeed a number of controlled substances are quite legal when properly prescribed by a physician to treat a medical condition or provide pain relief. A good example of that are opiate based pain killers like percocet and oxycontin. The federal government regulates controlled substances through the Controlled Substances Act. This is a complex set of laws. Texas has its own version of it, the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code (HSC), along with other statutes regulating drugs in that state. See Subtitle C of Title 6 of the Health & Safety Code for that. It is also a complex set of laws. But let me give you one example of how this works. The drug popularly known as meth is chemically known as methamphetamine. It, along with its including its salts, optical isomers, and salts of optical isomers, is listed as one of the drugs (along with cocaine and a number of other illegal drugs) in penalty group 1 in HSC § 481.102. Possession of a drug in penalty group 1 is illegal under HSC § 481.115 unless obtained by a valid medical prescription. The seriousness of the offense depends on how much of the drug was possessed: “(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram. (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams. (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams. (e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams. (f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.” Note that the weight includes any adulterants or dilutants, which means that if you mix a small amount of the drug into something else the state doesn't have to separate out the drug from the rest of it, the weight of all of it will count against you. Think of the example of mixing weed into a cookie. The weight of the entire cookie with the marijuana in it is what would be used to determine how much you possessed and thus how serious the offense is. Keep that in mind should you try to hide the drug by mixing it into something else; by doing that you could end up making a small amount of drug into a very serious offense.