Legal Information
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AFRA's Lawyer Friends Dmitry
Lev, Esq. =========================== Peter H. Tilem, Esq. =========================== Janene R. Weber Attorney at Law =========================== Sarah Katz- Pennsylvania =========================== David S. Marshall =========================== Barbara C. Johnson- Mass =========================== Paula Werme - New Hampshire =========================== Janet Frederick-Wilson- =========================== Gary Preble =========================== Terry Bankert =========================== Linda Kennedy =========================== Paul Stuckle |
Legal Information
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NEW!
Continuing
Legal Education Videos for © Copyright 2007 Falsely-Accused.net All Rights Reserved. |
| Jury
awards Wash. man $3 million for bad lawyer Story Published: Jan 31, 2009 at 3:27 PM PDT By Associated Press SPOKANE, Wash. (AP) - A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender. Felipe G. Vargas was awarded more than $3 million payable by his public defender by a U.S. District Court jury in Spokane after spending more than seven months in the Grant County Jail, falsely accused of child molestation. FULL STORY |
REPRESENTING
PARENTS IN CPS CASES
Prepared By:
Marc D. Isenberg
Miriam J. Riskind
ISENBERG & RISKIND
21st Annual Juvenile Law Conference
February 18-20, 2008
Corpus Christi, Texas
 Officious
uh-fish-uh s]
adjective
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Search Warrants:
What They Are and When They're Necessary
Need
for a search warrant trips social workers
Ohio
authorities not aware of Fourth Amendment
protections
In a forceful opinion, US District Judge
James G. Carr wrote:
“Despite the Defendants’ exaggerated view of their powers, the Fourth
Amendment applies to them
About the "Service" or "Safety Plan"-
Shaken
Baby Syndrome: The Vaccination Link
Many infants who suffer the so-called 'shaken baby syndrome' may be victims of
undiagnosed vaccine damage
Nexus Magazine | July 12, 2007
Viera Scheibner, PhD
The Problem with Plea Bargaining
CPS
violates USC in EVERY CASE-
most are Capital Crimes
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"SERVICES"
TO FAMILIES AS MANDATED BY |
| Reasonable Efforts |
| Relative Placement |
| "Voluntary" request for services |
| Revocation
of "Voluntary Agreement" |
MAKING
REASONABLE EFFORTS:
A Permanent Home for Every Child
DEVELOPED WITH SUPPORT FROM THE EDNA MCCONNELL CLARK FOUNDATION
Photography: Marlene Desautels and Ralph Granich
Design: i4 Design/ Sausalito, CA
Copyright © 2000 Youth Law Center
All rights reserved.
No
Time to Lose: The CPS Case
Learn the answers to frequently asked questions regarding Child Protective
Services (CPS)
investigations in Texas and the concerns that families have.
© Copyright 2004, by Gregory L. Housewirth. All rights reserved
How to Read a Legal Opinion: A Guide for New Law Students
Orin S. Kerr
George Washington University - Law School
The GREEN BAG, An Entertaining Journal of Law, Vol 11, No. 1, p. 51, Autumn 2007
'I've Got Nothing to Hide' and Other Misunderstandings of Privacy
Daniel J. Solove
George Washington University Law School
San Diego Law Review, Vol. 44, p. 745, 2007
GWU Law School Public Law Research Paper No. 289
Logic for Law Students: How to Think Like a Lawyer
Ruggero Aldisert- U.S. Court of Appeals for the Third Circuit
Stephen Clowney- University of Kentucky - College of Law
Jeremy Peterson- U.S. Department of Justice
University of Pittsburgh Law Review, 2007
The Nature of Man
Michael C. Jensen- Harvard Business School; The Monitor Company; Social Science Electronic Publishing (SSEP), Inc.
William H. Meckling- University of Rochester Simon School (Deceased)
Michael C. Jensen, FOUNDATIONS OF ORGANIZATIONAL STRATEGY, Harvard University Press, 1998
Journal of Applied Corporate Finance, 1994
This new/huge/free "Public
Library of Law" is up and running online, at:
http://www.plol.
Civil Liberties Litigation
By: Gary Gildin, Professor of Law
Judy L. Swarthout, Associate Law Librarian
Five
Problems Facing Public Defense
on the 40th Anniversary of Gideon
v. Wainwright
| National Clearinghouse on Child Abuse and Neglect Information |
SERVICES TO FAMILIES IN CRISIS - AS MANDATED BY 42 U.S.C. § 671 (a) (15) and 672 (a) (1) - "an agency cannot be reimbursed for the cost of a child's out-of-home care unless the reasonable efforts requirement is met."
ILLEGAL PROCEDURE (series)
© 2004 PAUL G. STUCKLE
A
CRIMINAL DEFENSE ATTORNEY’S VIEW OF FALSE CHILD SEXUAL ASSAULT ALLEGATIONS
~and~
MANDATORY
REPORTING:
CLOSE ENOUGH FOR GOVERNMENT WORK
~plus~
A
CRIMINAL DEFENSE ATTORNEY’S VIEW OF THE FAMILY VIOLENCE INDUSTRY
HOW
THE JUDICIARY STOLE THE RIGHT TO PETITION
JOHN E. WOLFGRAM
No cases challenge a lawyer more than those alleging
child abuse - and very few have higher stakes.— David S. Marshall
Overlawyered
Chronicling the high cost of our legal system
Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public's expense, and resists even modest efforts at reform and accountability.
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"The Legal Professional's Medical Partner" AFRA MEMBER |
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They might be onto a great new idea in
Canada!
Operating in municipalities near the Bay of Quinte,
Ontario, Canada
Collaborative Family Law:
An Alternative to Destructive Courtroom Battles
2-7-2003
Oops! Did I
Say 'No Jail'?
Elderly
woman who followed bad advice wins a $1.77M award
Leonard Post
The National Law Journal
A 77-year-old
great-grandmother who spent a year in prison for a crime she didn't commit has
won a $1.77 million malpractice suit against her attorney, who had advised that
if she pleaded guilty not withstanding her claim of innocence she'd get
probation.
The jurors unanimously slammed Gore with $1.5 million in punitive damages for
"his complete indifference to or conscious disregard for" his client's
rights. The balance of the judgment was for negligence.
2-5-2003
Need
for a search warrant trips social workers
Ohio authorities not aware of Fourth Amendment
Ohio authorities not aware of Fourth Amendment protections
See AFRA's educational effort- American
Constitutional Rights for
Social Workers
2-5-2003 9th
Circuit Says Public Defender Can Be Sued
The 9th U.S.
Circuit Court of Appeals put public defender offices on a liability hot seat
Monday by reinstating the case of a convicted murderer who said his lawyer's
ineffective assistance violated his civil rights. - This
story is on AFRA News, along with links to the Cites and information we have on
the subject. I think we should help the Public Defenders get real honest,
real fast.
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Guide Click HERE |
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When a case is being dismissed you must be very careful and pay particular attention to what the judge says. He/She will either dismiss the case “with prejudice” or “without prejudice”. There is a whole world of difference between the two. If the case is dismissed “with prejudice”, the “plaintiff”, being the state, is barred from opening the case again based on the same action. If the judge dismisses the case “without prejudice” the “plaintiff”, the state, can bring a new suit on the same action. If the judge dismisses the case “without Prejudice” you must address the court and find out why this is the case because you can’t bring it up at a later date, it must be addressed at the time of the dismissal. Here are the definitions. In most cases, the parties involved are so relived to hear the words dismissed they fail to hear how it was dismissed and before long they are back in court again on the same charges, only this time cps is ready for you with some trumped up charges to go with the first ones and it’s all over for you. End of story. Listen to how your case is being dismissed. Write these definitions down and put them in your pocket if you have to. It doesn’t matter as long as you have them. |
Attorney General Evaluation Finds SJI 'Effective' On November 2, Attorney General Ashcroft submitted the Department of Justice's statutorily-mandated evaluation of SJI's effectiveness to the House and Senate Judiciary Committees. The report concluded that:
The Attorney General also observed that "some degree of support for state court innovation and improvement is a Federal interest. . . . given overlapping state-federal jurisdiction, it is in the federal government's interest to have effective and fair state courts, lest litigants turn to federal courts to resolve matters properly within state court responsibilities." There's ALL KINDS of "interesting" and useful stuff here! |
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New Decisions of Great Value to Families In re Kentron D. (2002) , Cal.App.4th [No. B151154. Second Dist., Div. Two. Sept. 12, 2002.]In re KENTRON D., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. KENTRON D., Defendant and Appellant. This decision comes from a case involving a juvenile delinquent, but contains a lot of interesting material about the inadmissibility of hearsay in juvenile court. Since this decision relies on both CA and US Supreme Court decisions, it is definitely worth a look if your CPS case was based in any way on hearsay introduced by social welfare workers in the courtroom. Synopsis by Linda Martin of FightCPS Sept 5, 2002 Decision against Munchausen Syndrome by Proxy ("MSBP") and probably applicable to other made up syndromes and disorders too! A Title 42 USC Section 1983 Suit |
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**Mission*Critical*Need*To*Know*Info** AFRA Research- All About Miranda What you don't know WILL DESTROY YOU! |
Jurisdictionary® Defining American Justice
ALWAYS, ALWAYS, ALWAYS get a copy of the minutes sheet from any and all of your hearings. You'd be SURPRISED what's in there that never makes it anywhere else. These are NOT usually included with the record on appeal; if there's a little gem there that you want (as we have on one of ours, LOL), you have to tell the lower court to include it. Now, correspondence is ALSO NOT generally part of the record. You have to TELL the lower court to add it. Or, you can put it in your appendix on appeal -- but ONLY if you had the clerk put a stamp on it that it WAS in your record and therefore before the judge.
Center for Judicial Accountability
[New York Law Journal, August 27, 1997, at page 3]
RESTRAINING “LIARS IN THE COURTROOM”
AND ON THE PUBLIC PAYROLL
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Edward Harpenau created the United States Process Servers Association in response to a complaint an attorney expressed. She commented it was extremely difficult to find a process server in another state. She tried to call directory assistance, but without the exact name of the process server, the operator was unable to assist her. She knew the sheriff’s department in that county could serve the papers, but felt a private process server would do a more thorough job. With that knowledge, Ed Harpenau created a directory of process servers, which has become invaluable to attorneys needing to locate process servers throughout the United States and Canada. |
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building
blocks A unique resource for law teachers Cornell Law School |
Family
Justice Project
Family Law Reference for
Parents
Information on Children and the Court System
Title 42
USC Section 1983 Information
AFRA seeks to foster a LANDSLIDE of these cases!
CPS
violates your Constitutional Rights in EVERY CASE
Here's some of the United States Codes to quote
GUIDE
TO USING THE UNITED STATES CODE
CONGRESSIONAL AND ADMINISTRATIVE NEWS (U.S.C.C.A.N.)
West's United States Code Congressional and Administrative
News (U.S.C.C.A.N.) is an invaluable resource when searching for
either the texts of federal public laws or committee reports. All public laws
and selected committee reports are printed in U.S.C.C.A.N. from
1948 to the present.
Central Registries/Reporting Records: Expungement of Records
The Interstate Compact on the Placement of Children (ICPC)
United
States Laws Affecting Child Welfare Services
CAPTA 74, Adoption Assistance and Child Welfare Act of 1980,
and ASFA Act of 1997
(and FOIA/Privacy Act Forms)
Child Custody Attorney Network
National Institute for Trial Advocacy
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Electronic Discovery and Computer Forensics News and Case Law
JUDICIAL MISCONDUCT INVESTIGATORS
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The Stumbo case in North Carolina |
| Qui Tam Information
What
is Qui Tam? Here's some links: Nolan Law Firm - Qui tam law firm specializing in government whistleblower fraud cases including health care, pharmaceutical and Medicare fraud
http://www.whistleblowerfirm.com/ |
Useful Web Sites for Legal Professionals
|
Attorney's
Toolbox |
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Quo Warranto- To determine whether a public official is qualified to hold his office and exercise the functions of the office. Grounds for quo warranto might be corruption in office, willful failure to perform statutory duties, or not having the qualifications prescribed by statute for an office. **NEW** Pamela Gaston's Quo Warranto's http://www.mobar.org/handbook/quowarranto.htm Duhaime's http://www.duhaime.org/dict-qr.htm California Opinion http://caag.state.ca.us/opinions/quo.htm http://google.yahoo.com/bin/query?p=Quo+Warranto&hc=0&hs=0 Quo warranto - challenging the Judges |
American Bar Association
Center on Children and the Law
Issues
In Child Abuse Accusations
"Because No one is Above the Law"
