Amanda J. asked
If I introduced two new claims of 14th amendment due process in my petition for rehearing and the court denied it, does that constitute judicial misconduct or disability? Additionally, can I raise these new issues if I go to the Supreme Court, and what types of cases does the Supreme Court usually hear?
August 5th, 2024
Edward W. answered
No, introducing new claims of 14th amendment due process in a petition for rehearing that is denied ...
August 5th, 2024
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Is the Effective Date of a Florida Sale and Purchase contract changed to the date of an Addendum subsequently added? For example, the original contract has an Effective Date of 7/13, but a new offer was made by the Buyer on 7/18, requiring an Addendum. The new offer was accepted by the Seller, and the Addendum was signed by both parties on 7/23. The Contract provision states: 'Riders; ADDENDA TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda and typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them.'
September 12th, 2024
Can my client pursue an action against the government for blatant due process violations of the 5th, 6th, and 14th amendments and Brady violations in criminal prosecution, as stated by the NY Appellate Court?
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I have been trying for over six months to get merchantcircle.com to remove false and damaging comments about me, which have led to loss of clients and business. They have not responded to my requests. What legal actions can I take against merchantcircle.com and the individuals who posted these false statements?
March 27th, 2023
If a man was charged with murder in 1999 in Tyler, Texas, and the case was dismissed due to lack of evidence, including DNA that wasn't used at the time, can he be charged again with the murder if new evidence, such as a trace of blood found in his car, emerges? Wouldn't that be classified as double jeopardy? What are his rights regarding a potential trial and the possibility of a change of venue?
August 8th, 2023
I need a contract clause that will protect my fee paid to the contractor for retainer in the event of termination related to gross negligence, material default, or misrepresentation on the part of the contractor. What do you mean by your "fee"? What type of work is the contractor doing for you? What is the total cost of the project? The only way to protect any money in dealing with contractors is to put the amount in escrow, has the contractor, or will the contractor agree to this?
November 7th, 2024