Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
|
|
- Bruno Osborne
- 5 years ago
- Views:
Transcription
1 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA CRIMINAL ACTION v. No. 3:10-cr-338 (Judge A. Richard Caputo) RAPHAEL J. MUSTO Defendant. REPLY BRIEF IN SUPPORT OF DEFENDANT, RAPHAEL J. MUSTO S, RENEWED AND AMENDED MOTION TO CONTINUE THE TRIAL INDEFINITELY Raphael J. Musto ( Musto ), by and through his undersigned counsel, and pursuant to the Fifth Amendment s Due Process Clause and the Sixth Amendment s guarantee of a fair trial, respectfully submits this reply brief in support of his Renewed and Amended Motion to Continue the Trial Indefinitely ( Renewed and Amended Motion to Continue ). As set forth at length in the memorandum of law in support of the Renewed and Amended Motion to Continue, Musto is not physically competent to stand trial. Musto s grave health issues, including non-alcoholic cirrhosis of the liver, an inoperable thoracic aneurysm, presenting and decreased cognitive abilities prevent him from a full defense, from being present at all critical stages of an expected multi-week trial, from avoiding the imminent risk of serious bodily injury and death which would necessarily
2 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 2 of 8 come with trial preparation and trial itself, and from assisting his counsel in preparing for trial and during trial itself. Accordingly, the Fifth Amendment s Due Process Clause and the Sixth Amendment s guarantee of a fair trial require continuance of the trial indefinitely. In its response to Musto s Renewed and Amended Motion to Continue, the government addresses the Doran Factors in discussing Musto s competence to stand trial. However, the government does not contend that Musto is physically competent to stand trial. Rather, the government concurs with Musto that this Court should hold a hearing to determine whether Musto is competent to withstand trial and states that Musto bears the burden of proving that he is not physically competent. Govt. Opposition at 11. In connection with the Doran factors, the government argues that a hearing is necessary to assess the first (Musto s medical condition) and second (Musto s activities outside the courthouse) Doran factors. In connection with the third factor (measures to minimize the risks to Musto s health) the government suggests that the Court can explore some measures to alleviate Musto s fatigue. The government argues that the fourth (the temporary or permanent character of the physical problem) and fifth (the magnitude and seriousness of the case) Doran factors weigh in favor of denial of the motion to dismiss. Govt. Opposition at The 2
3 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 3 of 8 government s position regarding the Doran factors will be discussed below. The government contends that the expert opinions presented regarding Musto s physical condition differ substantially from the expert opinion offered by the court s expert and therefore, the Court should hold a hearing. Govt. Opposition at 6. Other than Dr. Reddy, all of the experts, including the government s expert, agree that Musto is not competent to withstand the rigors of trial preparation and/or trial. Only on cross-examination of Dr. Reddy at a hearing will the defense be able to explore the possible reasons for the disparity between his conclusion and the conclusion of all of the other experts as to Musto s ability to assist his counsel in preparing for trial and withstanding the rigors of trial. At this point, Dr. Reddy s report cannot serve as a basis to conclude that Musto is physically competent to stand trial. Dr. Reddy issued his report approximately 18 months ago, without examining or even meeting with Musto. Dr. Reddy merely concluded, apparently based on an examination of some of the relevant documents, that he did not see a functional disability that would preclude Musto from attending a trial. As will be demonstrated at the anticipated hearing, Dr. Reddy s conclusions are contradicted not only by all of the other experts, but also by Musto s medical records. 3
4 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 4 of 8 Subsequent to Dr. Reddy s report, Musto has (1) been hospitalized on two different occasions; (2) been diagnosed with an inoperable thoracic aneurysm; (3) experienced further physical manifestations of the cirrhotic condition including substantial decrease in blood platelet level to critically low levels, significant weight loss, and an increase in INR to above-average level; (4) experienced slurred speech, confusion and dizziness; and (5) experienced worsening cognitive impairment. The government argues that Dr. Schreibman, the government s witness, did not specifically render an opinion regarding the likelihood of life-threatening complications that could result from trial preparation and trial itself. Govt. Opposition at 7. However, there is no reasonable way to read Dr. Schreibman s conclusions that Musto s clinical status remains very tenuous and that Musto is not capable of withstanding the rigors of trial, except that these conclusions are consistent with Dr. Doria s conclusions as to the potential life threatening complications. Moreover, it should also be emphasized that the potential life-threatening complications is just one aspect of the basis for the continuance of trial. Dr. Schreibman concluded that Musto s clinical status remains very tenuous and Musto would not be able to withstand trial. Moreover, Dr. Doria s conclusions regarding the life-threatening complications, if Musto were 4
5 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 5 of 8 compelled to go to trial, were not contradicted by either Dr. Reddy or Dr. Schreibman. The government also focuses on Dr. Schreibman s contention that his conclusion that Musto is not able to assist his counsel in preparing for trial and withstand the rigors of trial is independent of his liver disease. Contrary to the government s argument, Dr. Schreibman concluded that the liver condition prevented Musto from assisting his counsel in preparing for trial and withstanding the rigors of trial. In addition, Dr. Schreibman concluded that Musto s other medical conditions independent from the liver disease prevent him from assisting counsel in preparing for trial and withstanding the rigors of trial. This additional conclusion does not negate his ultimate conclusion - Musto cannot withstand trial in this matter. Moreover, as set forth at length in the memorandum of law in support of the Renewed and Amended Motion to Continue and Dr. Doria s most recent expert report, Musto s condition has continued to deteriorate as the liver disease has worsened. In connection with the second Doran Factor, Musto s activities outside the courthouse, counsel for Musto intends to submit, in addition to the information set forth in the Memorandum of Law in Support of the Renewed and Amended Motion to Continue, an affidavit to supplement the Renewed and Amended Motion to 5
6 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 6 of 8 Continue, which will address Musto s recent day-to-day functional ability. In connection with the third Doran factor, contrary to the government s suggestion, there are no suitable measures that can be undertaken to minimize the risk to Musto s health particularly given the potential of the rupture of the thoracic aneurysm and/or rupture of gastro-esophageal varices. Also, the extensive periods of fatigue Musto suffers and the inability to forecast those periods of extreme fatigue compel continuance of the trial indefinitely. See United States v. Gunter, Crim. No , 2013 U.S. Dist. LEXIS , *2, (EDPA Nov. 5, 2013)(Bartle, J.). The court concluded that the defendant was physically incompetent to stand trial and granted defendant s motion to continue trial indefinitely where Gunter underwent dialysis three days a week for four and one-half hours a day. Id. at *7. Moreover, unlike Musto, Gunter knew for certain that he would be available for trial on those days when he did not have dialysis treatment. Here there is no way of predicting day-to-day whether Musto will be capable of attending and participating in trial. In connection with the fourth Doran Factor the temporary or permanent character of the medical problems as set forth at length in the memorandum of law in support of the Renewed and Amended Motion to Continue, Musto s condition has continued to worsen and admittedly, it will not improve. However, the permanent 6
7 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 7 of 8 nature of Musto s condition cannot serve as a basis to deny his Motion to Continue because Musto is unable to adequately assist his counsel in preparing for trial or withstand the rigors of trial. Finally, in connection with the fifth Doran Factor, Musto does not dispute that there is a public interest in prosecuting a case that involves alleged political corruption and that this factor weighs against continuance of the trial. However, as the Court noted in Gunter, despite the seriousness of the offense in Gunter and here, this factor is not sufficient to outweigh the other Doran factors which weigh heavily in favor of continuance. WHEREFORE, for the reasons set forth herein and in the memorandum of law in support of the Renewed and Amended Motion to Continue the Trial Indefinitely, Musto respectfully requests that this Court continue trial indefinitely. Dated: December 9, 2013 Respectfully submitted, jer53 JOHN E. RILEY (jer53) Attorney ID No WILLIAM J. MURRAY, JR. (wm409) Attorney ID No VAIRA & RILEY, P.C. P.O. Box 1325 Paoli, PA (215) Counsel for Defendant, Raphael J. Musto 7
8 Case 3:10-cr ARC Document 137 Filed 12/09/13 Page 8 of 8 CERTIFICATE OF SERVICE I, John E. Riley, hereby certify that on December 9, 2013, a true and correct copy of Defendant Raphael J. Musto s Reply Brief in Support of his Renewed and Amended Motion to Continue the Trial Indefinitely has been served through the ECF system and by regular mail upon the following: Michael A. Consiglio, Esquire Assistant United States Attorney U.S. Attorney s Office Ronald Regan Federal Building 228 Walnut Street, Suite 220 Harrisburg, PA jer53 John E. Riley, Esquire 8
Case 3:10-cr ARC Document 148 Filed 01/07/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MEMORANDUM
Case 3:10-cr-00338-ARC Document 148 Filed 01/07/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATE OF AMERICA NO. 3:10-CR-338 v. RAPHAEL MUSTO, (JUDGE
More informationREPLY BRIEF OF THE APPELLANT
E-Filed Document Sep 1 2015 20:02:43 2014-KA-01805-COA Pages: 8 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI DAVID ALAN RINGER APPELLANT V. NO. 2014-KA-01805-COA STATE OF MISSISSIPPI APPELLEE REPLY
More informationCOMMONWEALTH OF MASSACHUSETTS DIVISION OF ADMINISTRATIVE LAW APPEALS BUREAU OF SPECIAL EDUCATION APPEALS
COMMONWEALTH OF MASSACHUSETTS DIVISION OF ADMINISTRATIVE LAW APPEALS BUREAU OF SPECIAL EDUCATION APPEALS In re: Hudson 1 BSEA #1810830 RULING ON TAUNTON PUBLIC SCHOOLS MOTION TO DISMISS ITSELF AS A PARTY
More informationCase 1:09-cv WWC -MCC Document 607 Filed 06/11/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Case 1:09-cv-01685-WWC -MCC Document 607 Filed 06/11/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA KIMBERLY-CLARK WORLDWIDE, INC., : Plaintiff : v. CIVIL NO.
More informationPurpose: Policy: The Fair Hearing Plan is not applicable to mid-level providers. Grounds for a Hearing
Subject: Fair Hearing Plan Policy #: CR-16 Department: Credentialing Approvals: Credentialing Committee QM Committee Original Effective Date: 5/00 Revised Effective Date: 1/03, 2/04, 1/05, 11/06, 12/06,
More informationCOLORADO COURT OF APPEALS 2014 COA 57
COLORADO COURT OF APPEALS 2014 COA 57 Court of Appeals No. 14CA0105 Pueblo County District Court No. 14MH8 Honorable William D. Alexander, Judge The People of the State of Colorado, Petitioner-Appellee,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER
Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al Doc. 251 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ALLERGAN, INC., Plaintiff, v. TEVA PHARMACEUTICALS
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) DECISION AND JOURNAL ENTRY
[Cite as Gomcsak v. U.S. Steel Corp., 2008-Ohio-2247.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) NORMAN GOMCSAK, et al. Appellants C.A. No. 07CA009207 v. U.S.
More informationTHIS OPINION IS A PRECEDENT OF THE TTAB
THIS OPINION IS A PRECEDENT OF THE TTAB Mailed: September 23, 2010 UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board In re HerbalScience Group, LLC Serial No. 77519313 Jennifer
More informationIN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT
[Cite as State ex rel. Lockheed Martin Corp. v. Indus. Comm., 2006-Ohio-215.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio ex rel. Lockheed Martin Corporation, Relator, v. No.
More informationState Office of Administrative Hearings '' Cathleen Parsley )> Chief Administrative Law Judge. April II, 2011
State Office of Administrative Hearings ''... - -- N 0... 0...... o w N ṃ... Cathleen Parsley )> "0 Chief Administrative Law Judge c a z c 3 IJ April II, 2011 (D :-! w Ul Alan Steen Administrator Texas
More informationIN THE SUPREME COURT OF MISSISSIPPI No DR SCT
E-Filed Document Jun 22 2017 13:56:46 2016-DR-00962-SCT Pages: 12 IN THE SUPREME COURT OF MISSISSIPPI No. 2016-DR-00962-SCT THOMAS EDWIN LODEN, JR., Petitioner v. STATE OF MISSISSIPPI Respondent. SUCCESSIVE
More informationIN THE COURT OF APPEALS OF IOWA. No Filed October 14, Appeal from the Iowa District Court for Clayton County, Richard D.
IN THE COURT OF APPEALS OF IOWA No. 14-1219 Filed October 14, 2015 STATE OF IOWA, Plaintiff-Appellee, vs. DIRK J. FISHBACK, Defendant-Appellant. Judge. Appeal from the Iowa District Court for Clayton County,
More informationSECTION 504 NOTICE OF PARENT/STUDENT RIGHTS IN IDENTIFICATION/EVALUATION, AND PLACEMENT
SECTION 504 NOTICE OF PARENT/STUDENT RIGHTS IN IDENTIFICATION/EVALUATION, AND PLACEMENT In compliance with the procedural requirements of Section 504 of the Rehabilitation Act of 1973, the following Notice
More informationFitness to Stand Trial
Fitness to Stand Trial A person charged with a crime may be unable to go to trial if they are mentally unwell. This is called being "unfit to stand trial." The Criminal Code of Canada states that a person
More informationUnited States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit ROBERTO SANCHEZ-NAVARRO, Claimant-Appellant, v. ROBERT A. MCDONALD, Secretary of Veterans Affairs, Respondent-Appellee. 2014-7039 Appeal from the
More informationCHERYL McGAULEY, as Personal Representative of the Estate of WALTER L. McGAULEY, SR.,
COUNTY AND COURT: Alachua County Circuit Court NAME OF CASE: CHERYL McGAULEY, as Personal Representative of the Estate of WALTER L. McGAULEY, SR., v. Plaintiff, DOCTORS RADIOLOGY GROUP OF GAINESVILLE,
More informationCase 1:15-cv RBJ Document 1 Filed 02/09/15 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Case 1:15-cv-00270-RBJ Document 1 Filed 02/09/15 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:15-cv-00270 GEORGE BACA, v. Plaintiff, PARKVIEW
More informationIN THE SUPREME COURT OF THE STATE OF FLORIDA
IN THE SUPREME COURT OF THE STATE OF FLORIDA SCOTT COREY KIRTON, ETC., et al., -vs- Petitioner, CASE NO.: SC07-1739 LT Case No.: 4D06-1486 JORDAN FIELDS, ETC., et al. Respondents. / PETITIONERS' KIRTON
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT D.F., Appellant, v. Case No. 2D17-2315 STATE OF FLORIDA, Appellee.
More informationJudicial conflict between Bristol-Myers Squibb Co V. Merck & Co Inc. Keytruda V. Opdivo
From the SelectedWorks of haitham atiyah Spring April 10, 2016 Judicial conflict between Bristol-Myers Squibb Co V. Merck & Co Inc. Keytruda V. Opdivo haitham atiyah Available at: https://works.bepress.com/haitham_atiyah/3/
More informationCase 3:18-cv ARC-MCC Document 1 Filed 04/11/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLANIA
Case 318-cv-00783-ARC-MCC Document 1 Filed 04/11/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLANIA Major Tillery Plaintiff, v. Dr. Paul Noel, Pennsylvania DOC Bureau
More informationLurz, Sally v. International Paper Company
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Court of Workers' Compensation Claims and Workers' Compensation Appeals Board Law 9-20-2017 Lurz, Sally v. International
More informationCase 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10
Case :-cv-0 Document Filed 0/0/ Page of 0 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 ANDREA SCHMITT, on her own behalf, and on behalf of all similarly situated individuals,
More informationIN THE SUPREME COURT OF THE STATE OF MONTANA
July 20 2012 DA 11-0480 IN THE SUPREME COURT OF THE STATE OF MONTANA 2012 MT 155 STATE OF MONTANA, Plaintiff and Appellee, v. BUDDY WADE PIRELLO, Defendant and Appellant. APPEAL FROM: District Court of
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
Case 1:13-cv-03675-WBH Document 14 Filed 01/07/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION
More informationSTATE OF FLORIDA DEPARTMENT OF HEALTH. The Emergency Restriction of the License of Ignacio J. Calvo, M.D. License No: ME Case No:
STATE OF FLORIDA DEPARTMENT OF HEALTH Final Order No. DOH-18-1014- ILED DATE - JUN 1 Depart j Health F8R MQA 018 In Re: Ignacio J. Calvo, M.D. License No: ME 55079 Case No: 2017-10791 ORDER OF EMERGENCY
More informationReturn Date: February 27, 2002
Return Date: February 27, 2002 Time: 9:30 a.m. COUCH WHITE, LLP 540 Broadway P.O. Box 22222 Albany, New York 12201-2222 (518) 426-4600 Harold N. Iselin, Esq. (H.I. 1428) James J. Barriere, Esq. (J.B. 3206)
More informationHealth Professions Review Board
Health Professions Review Board Suite 900, 747 Fort Street Victoria British Columbia Telephone: 250 953-4956 Toll Free: 1-888-953-4986 (within BC) Facsimile: 250 953-3195 Mailing Address: PO 9429 STN PROV
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Emerald Johnson, : Petitioner : : v. : No. 640 C.D. 2017 : SUBMITTED: September 8, 2017 Workers Compensation Appeal : Board (Philadelphia Coca-Cola), : Respondent
More informationDUKE ENERGY S RESPONSE TO SELC PETITIONERS MOTION FOR LEAVE TO FILE SUPPLEMENTAL AUTHORITY
STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE OFFICE OF ADMINISTRATIVE HEARINGS 08 EHR 0771, 0779, 0835 & 0836 NORTH CAROLINA WASTE AWARENESS AND REDUCTION NETWORK, INC., APPALACHIAN VOICES, ENVIRONMENTAL
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Kimberly M. Vasser-Watts, : Petitioner : : v. : No. 1057 C.D. 2017 : Submitted: December 1, 2017 Workers Compensation Appeal : Board (Duquesne Light Company),
More informationCase 2:10-cr MHT -WC Document 485 Filed 02/04/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION
Case 2:10-cr-00186-MHT -WC Document 485 Filed 02/04/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA, ) ) P1aintiff, ) ) No. 2:10
More informationUnited States Court of Appeals for the Federal Circuit
NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit JOEL L. BELING, DBA SUPA CHARACTERS PTY LTD, Appellant v. ENNIS, INC., Appellee 2015-1157 Appeal from the
More informationSTATE OF WEST VIRGINIA
STATE OF WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES OFFICE OF INSPECTOR GENERAL Earl Ray Tomblin BOARD OF REVIEW Karen L. Bowling Governor 1400 Virginia Street Cabinet Secretary Oak Hill, WV
More informationMOTION FOR PRELIMINARY INJUNCTION
Express Scripts, Inc. v. Walgreen Co. Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION EXPRESS SCRIPTS, INC, a Delaware Corporation, Plaintiff, Case No.
More informationUNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT Date of docketing: December 1, 2017 NOTICE OF DOCKETING 18-1247 - Amarin Pharma, Inc. v. ITC Appeal from: U.S. International Trade Commission Investigation
More informationBEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED JULY 21, 2006
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F512053 DONNA ERBACH, EMPLOYEE UNIVERSITY OF CENTRAL ARKANSAS, EMPLOYER PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER CLAIMANT RESPONDENT
More information1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. 2 Opinion Number: 3 Filing Date: January 13, NO. 33,154 5 MIGUEL MAEZ,
1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 Opinion Number: 3 Filing Date: January 13, 2015 4 NO. 33,154 5 MIGUEL MAEZ, 6 Worker-Appellant, 7 v. 8 RILEY INDUSTRIAL and CHARTIS, 9 Employer/Insurer-Appellees.
More informationDISTRICT OF COLUMBIA COURT OF APPEALS. No. 99-BG-229. On Application for Admission to the District of Columbia Bar
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections
More informationOn Appeal from The United States District Court for the District of Wyoming (Case No. 2:11-CV-003 (Johnson, J.))
Appellate Case: 12-8048 Document: 01019051529 Date Filed: 05/09/2013 Page: 1 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT CASE NO. 12-8048 ANDREW JOHN YELLOWBEAR, JR., Plaintiff-Appellant
More informationCase 1:14-cv WTL-TAB Document 20 Filed 08/03/15 Page 1 of 8 PageID #: 973
Case 1:14-cv-01274-WTL-TAB Document 20 Filed 08/03/15 Page 1 of 8 PageID #: 973 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JACOB CURRY, vs. Plaintiff, CAROLYN W. COLVIN,
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:03-cv-72258-AC-DRG Doc # 720 Filed 08/08/14 Pg 1 of 17 Pg ID 10285 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, v. CITY OF DETROIT, Plaintiff
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Joseph J. Lazorick, D.M.D., Petitioner v. No. 1558 C.D. 2007 State Board of Dentistry, Submitted November 21, 2007 Respondent BEFORE HONORABLE DORIS A. SMITH-RIBNER,
More informationIN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD.
Proceeding 92064167 Party Correspondence Address Submission Filer's Name Filer's e-mail Signature Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number:
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ST. PAUL FIRE & MARINE INSURANCE, INSURANCE CARRIER
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F407478 CHRIS TURPIN WEST FOODS, INC. ST. PAUL FIRE & MARINE INSURANCE, INSURANCE CARRIER CLAIMANT RESPONDENT RESPONDENT OPINION FILED DECEMBER
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE BRIAN D. STECKEL, Defendant Below, No. 473, 2001 Appellant, Court Below: Superior Court v. of the State of Delaware in and for New Castle County STATE OF DELAWARE,
More informationRUSSELL L. BENTLEY, APPELLANT, v. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE
RUSSELL L. BENTLEY, APPELLANT, v. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE No. 89-70 UNITED STATES COURT OF VETERANS APPEALS 1990 U.S. Vet. App. LEXIS 12; 1 Vet. App. 28 July 26, 1990,
More informationRECEIVED. r-:--- - Celerade Secretary ot State I. BACKGROUND. On April 21, 2016, the Board approved the following title for No.
RECEIVED tp 9 44% A1 BEFORE THE COLORADO BALLOT TITLE SETTING BOARD Celerade Secretary ot State IN THE MATTER OF THE TiTLE, BALLOT TITLE, AND SUBMISSION CLAUSE FOR PROPOSED INITIATIVE 2015-20 16 #139 MOTION
More informationCHARLES M. CARBERRY, Investigations Officers of the International Brotherhood of Teamsters;
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X UNITED STATES OF AMERICA, Plaintiff, -v- INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO, et
More information7.8 DUI MANSLAUGHTER ' (3)(c)3, Fla. Stat. Appendix A - Proposal 2 Side-by-Side
Difference between and the Website To prove the crime of DUI Manslaughter, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) drove or was in actual physical control
More informationPUBLIC HOUSING: THE GRIEVANCE PROCEDURE
PUBLIC HOUSING: THE GRIEVANCE PROCEDURE IMPORTANT This brochure applies to tenants in public housing developments operated by the Hawaii Public Housing Authority ( HPHA ). This material is based upon work
More informationCase 4:09-cv KES Document 196 Filed 01/25/13 Page 1 of 10 PageID #: 2222 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
Case 4:09-cv-04182-KES Document 196 Filed 01/25/13 Page 1 of 10 PageID #: 2222 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION NATIVE AMERICAN COUNCIL OF TRIBES, BLAINE BRINGS PLENTY,
More informationLong-Term Suspensions and Procedural Due Process
Long-Term Suspensions and Procedural Due Process P3100-5.1 Long Student Procedures Page 1 of 5 "Long-term suspension" shall mean denial of a class attendance for a definite time in excess of ten (10) consecutive
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ALISHA MILLER CLAIMANT SOUTH ARK YOUTH SERVICES, INC.
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F807935 ALISHA MILLER CLAIMANT SOUTH ARK YOUTH SERVICES, INC. LIBERTY MUTUAL INSURANCE, INSURANCE CARRIER RESPONDENT RESPONDENT OPINION FILED
More informationCase 2:10-cr MHT -WC Document 515 Filed 02/07/11 Page 1 of 5
Case 2:10-cr-00186-MHT -WC Document 515 Filed 02/07/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CR No.
More informationREDACTED. 06/25/2013 Minute Order (print) Event ID: STATUS
REDACTED 06/21/2013 Motion Event ID: 000545 MOTION OF JANA WINTER FOR INSPECTION BY COUNSEL WITH PROPOSED ORDER FILED BY ATTORNEY FOR JANA WINTER - STD 26 6 21 13 /JR 06/24/2013 Motion Event ID: 000546
More informationBEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F ROBERT LEON PAVEL, EMPLOYEE CLAIMANT
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F308513 ROBERT LEON PAVEL, EMPLOYEE CLAIMANT UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES, EMPLOYER RESPONDENT ARKANSAS INSURANCE DEPARTMENT, PUBLIC
More informationBEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F JOHNNY F. THROWER, EMPLOYEE CLAIMANT TRIMAC, INC., EMPLOYER RESPONDENT
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F306414 JOHNNY F. THROWER, EMPLOYEE CLAIMANT TRIMAC, INC., EMPLOYER RESPONDENT AIG CLAIM SERVICES, INC., TPA RESPONDENT OPINION FILED JULY
More informationNOT DESIGNATED FOR PUBLICATION. No. 114,334 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,
NOT DESIGNATED FOR PUBLICATION No. 114,334 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MATTHEW RYAN ZACHARIAS, Appellant. MEMORANDUM OPINION Affirmed. Appeal from Atchison
More informationeffect that the Family Smoking Prevention and Tobacco Control Act ( FSPTCA ), which was
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SMOKING EVERYWHERE, INC., Plaintiff, and Civ. No. 09-cv-0771 (RJL SOTTERA, INC., d/b/a NJOY, Intervenor-Plaintiff, v. U.S. FOOD AND DRUG ADMINISTRATION,
More informationVinson, Dedra v. Dillard's, Inc.
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Court of Workers' Compensation Claims and Workers' Compensation Appeals Board Law 3-5-2015 Vinson, Dedra v.
More informationState of New York Supreme Court, Appellate Division Third Judicial Department
State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: June 15, 2017 523227 In the Matter of CHRISTOPHER PP., Appellant, v MEMORANDUM AND ORDER STATE OF NEW
More informationFollow this and additional works at:
2007 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-16-2007 USA v. Eggleston Precedential or Non-Precedential: Non-Precedential Docket No. 06-1416 Follow this and additional
More informationSupreme Court of Florida
Supreme Court of Florida No. SC10-636 PER CURIAM. IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO. 2010-03. [October 7, 2010] The Supreme Court Committee on Standard Jury Instructions in
More informationShannon Erickson vs. Montgomery County Schools
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law January 2015 Shannon Erickson
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS SCOTT RODRIGUES ) Plaintiff ) C.A. 07-10104-GAO ) v. ) ) THE SCOTTS COMPANY, LLC ) Defendant ) AMENDED COMPLAINT and jury trial demand Introduction
More informationPlainSite. Legal Document
PlainSite Legal Document New York Southern District Court Case No. 1:12-cv-06851 Braintree Laboratories, Inc. v. Breckenridge Pharmaceutical, Inc. Document 52 View Document View Docket A joint project
More informationGrievance Procedure of the Memphis Housing Authority
Grievance Procedure of the Memphis Housing Authority 1. Definitions applicable to the grievance procedure: [966.53] A. Grievance: Any dispute which a Tenant may have with respect to MHA action or failure
More informationAssociates, llc, for its Complaint against the defendants, Gary K. DeJohn, Sr. and DeJohn
DISTRICT COURT, LARIMER COUNTY, COLORADO 201 LaPorte Avenue, Suite 100 Fort Collins, CO 80521 DATE FILED: November 10, 2017 12:55 PM FILING ID: FF4949B297BB2 (970) 494-3500 CASE NUMBER: 2017CV30947 Plaintiff:
More informationParent/Student Rights in Identification, Evaluation, and Placement
Parent/Student Rights in Identification, Evaluation, and Placement The following is a description of the rights granted to students with a disability by Section 504 of the Rehabilitation Act of 1973, a
More informationINSTRUCTION NO. which renders him/her incapable of safely operating a motor vehicle. Under the law, a person
INSTRUCTION NO. The mere consumption of alcohol combined with the driving of a vehicle is not unlawful. It is only unlawful for someone to drive a vehicle while under the influence of alcohol to a degree
More informationDeciding whether a person has the capacity to make a decision the Mental Capacity Act 2005
Deciding whether a person has the capacity to make a decision the Mental Capacity Act 2005 April 2015 Deciding whether a person has the capacity to make a decision the Mental Capacity Act 2005 The RMBI,
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Williams v. Colvin Doc. 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA PEGGY LOUISE WILLIAMS, v. Plaintiff, CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration,
More informationNOTICE OF APPEAL OR PETITION
NOTICE OF APPEAL OR PETITION State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Dismissal Demotion Suspension ( days) Medical Demotion / Termination Automatic Resignation (AWOL) Set Aside Resignation
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 JOHNNY ERIC HOLDER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant,
More informationStructure and Practices of the Video Relay Service Program; Telecommunications Relay Services and
This document is scheduled to be published in the Federal Register on 03/21/2016 and available online at http://federalregister.gov/a/2016-06305, and on FDsys.gov 6712-01 FEDERAL COMMUNICATIONS COMMISSION
More informationNew York Law Journal. Friday, May 9, Trial Advocacy, Cross-Examination of Medical Doctors: Recurrent Themes
New York Law Journal Friday, May 9, 2003 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination of Medical Doctors: Recurrent Themes Ben B. Rubinowitz and Evan Torgan BODY: It goes without saying that the
More informationBEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554
BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554 In the Matter of ) ) Telecommunications Relay Services and ) CG Docket No. 03-123 Speech-to-Speech Services for Individuals ) With Hearing
More informationAct 443 of 2009 House Bill 1379
Act 443 of 2009 House Bill 1379 AN ACT TO PROVIDE FOR THE LICENSURE OF ALCOHOLISM AND DRUG ABUSE COUNSELORS; TO PROVIDE FOR THE REGISTRATION OF CLINICAL ALCOHOLISM AND DRUG ABUSE COUNSELOR SUPERVISORS;
More informationSpecial Education Fact Sheet. Special Education Impartial Hearings in New York City
New York Lawyers For The Public Interest, Inc. 151 West 30 th Street, 11 th Floor New York, NY 10001-4017 Tel 212-244-4664 Fax 212-244-4570 TTD 212-244-3692 www.nylpi.org Special Education Fact Sheet Special
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G JANNIE A. HYMES, EMPLOYEE PINEWOOD HEALTH & REHABILITATION, EMPLOYER
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G202747 JANNIE A. HYMES, EMPLOYEE PINEWOOD HEALTH & REHABILITATION, EMPLOYER HARTFORD UNDERWRITERS INSURANCE COMPANY, INSURANCE CARRIER CLAIMANT
More informationCOMMONWEALTH OF KENTUCKY McCRACKEN CIRCUIT COURT DIVISION II CIVIL ACTION NO. 16-CI-00159
COMMONWEALTH OF KENTUCKY McCRACKEN CIRCUIT COURT DIVISION II CIVIL ACTION NO. 16-CI-00159 CARL HARRIS PLAINTIFF v. SOUTHERN ORTHOPEDIC ASSOCIATES, P.S.C. d/b/a ORTHOPEDIC INSTITUTE OF WESTERN KENTUCKY
More informationMEDICAL AND GERIATRIC SUSPENSION OF SENTENCE
The District of Columbia provides compassionate release to prisoners who have serious medical conditions or are elderly through (1) Medical and Geriatric Suspension of Sentence 1 and (2) Medical and Geriatric
More informationSTATE BOARD OF WORKERS' COMPENSATION 270 Peachtree Street, NW Atlanta, Georgia (404)
2008013623 Trial 270 Peachtree Street, NW Atlanta, Georgia 30303-1299 (404) 656-6107 www.sbwc.georgia.gov STATEMENT OF THE CASE The above-styled claim was heard before the undersigned on April 28, 2010,
More informationin December 2008 as a condition of his guilty plea to Disorderly Conduct, involving non-sex
IN THE MATTER OF : NEW JERSEY DEPARTMENT OF EDUCATION THE CERTIFICATES OF : STATE BOARD OF EXAMINERS YAKIK RUMLEY : ORDER OF SUSPENSION : DOCKET NO: 1112-112 At its meeting of May 16, 2013, the State Board
More informationState of Connecticut Department of Education Division of Teaching and Learning Programs and Services Bureau of Special Education
State of Connecticut Department of Education Division of Teaching and Learning Programs and Services Bureau of Special Education Introduction Steps to Protect a Child s Right to Special Education: Procedural
More informationCROSS EXAMINATION TECHNIQUES
CROSS EXAMINATION TECHNIQUES BENJAMIN BRAFMAN, Esq. Brafman & Associates, P.C. 767 Third Avenue, 26th Floor New York, New York 10017 Bbrafman@braflaw.com Tel (212) 750-7800 INTRODUCTION THE CROSS-EXAMINATION
More informationSUPERIOR COURT OF THE DISTRICT OF COLUMBIA
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Juvenile Behavioral Diversion Program Description Introduction It is estimated that between 65 to 70% of juveniles involved in the delinquency system are diagnosed
More informationA M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL
CASE NO. 18 Z 600 14244 03 2 A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS In the Matter of the Arbitration between (Claimant) AAA CASE NO.: 18 Z 600 14244 03 v.
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F HOME DEPOT, INC. RESPONDENT NEW HAMPSHIRE INSURANCE COMPANY, INSURANCE CARRIER
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F804573 JERRY YARBERRO CLAIMANT HOME DEPOT, INC. RESPONDENT NEW HAMPSHIRE INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT OPINION FILED JANUARY
More informationTaxi & Limousine Comm n v. Delorbe OATH Index No. 887/16 (Feb. 11, 2016)
Taxi & Limousine Comm n v. Delorbe OATH Index No. 887/16 (Feb. 11, 2016) In a fitness proceeding, petitioner proved that respondent tested positive for cocaine use. Respondent s denial of illegal drug
More informationExhibit 2 RFQ Engagement Letter
Exhibit 2 RFQ 17-25 Engagement Letter The attached includes the 6 page proposed engagement letter to be used by HCC. ENGAGEMENT LETTER Dear: [Lead Counsel/Partner] We are pleased to inform you that your
More informationTERMINATION OF EMPLOYMENT HEARINGS BEFORE HEARING EXAMINER
Applicability This hearing process applies only if an employee requests a hearing after receiving notice of a proposed decision to: 1. Terminate a continuing contract at any time, except as provided below;
More informationEEFORE THE OFFICE, ASSISTANT SECRETARY UNITED STATES DEPARTMENT OF DEFENSE
HEALTH AFFAIRS EEFORE THE OFFICE, ASSISTANT SECRETARY OF DEFENSE (HEALTH AFFAIRS) UNITED STATES DEPARTMENT OF DEFENSE of Appeal ) OASD(HA) File 82-03 Sponsor: ) FINAL DECISION SSN: This is the FINAL DECISION
More informationPHILIP R. KIMBALL, as Administrator of the Estate of CARLA M. KIMBALL, Deceased, Plaintiff, vs. R.J. REYNOLDS TOBACCO COMPANY, Defendant.
PHILIP R. KIMBALL, as Administrator of the Estate of CARLA M. KIMBALL, Deceased, Plaintiff, vs. R.J. REYNOLDS TOBACCO COMPANY, Defendant. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Case
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F WESTPORT INSURANCE COMPANY, INSURANCE CARRIER OPINION FILED JANUARY 19, 2005
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F210188 TIMOTHY O NEAL SUGAR HILL FARMS WESTPORT INSURANCE COMPANY, INSURANCE CARRIER CLAIMANT RESPONDENT RESPONDENT OPINION FILED JANUARY
More informationVelez v Wys 2017 NY Slip Op 30766(U) March 29, 2017 Supreme Court, Bronx County Docket Number: /2013 Judge: Howard H. Sherman Cases posted with
Velez v Wys 2017 NY Slip Op 30766(U) March 29, 2017 Supreme Court, Bronx County Docket Number: 304278/2013 Judge: Howard H. Sherman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F WAL-MART ASSOCIATES, INC. CLAIMS MANAGEMENT, INC. CARRIER
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F712377 WAYNE OWENS WAL-MART ASSOCIATES, INC. CLAIMS MANAGEMENT, INC. CARRIER CLAIMANT RESPONDENT RESPONDENT OPINION FILED DECEMBER 22, 2009
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. CARRIER
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F809517 DAVID MCCOLLISTER PAM TRANSPORT, INC. SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. CARRIER CLAIMANT RESPONDENT RESPONDENT OPINION FILED
More information