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Decision & Orders released on:June 18, 202
Appellant appealed the trial court's order granting appellees' motions and quashing its appeal of a land development decision as untimely with no applicable exception to the 30-day appeal period. The court affirmed where appellant failed to file a timely appeal despite being aware of the relevant ordinances and review process and that appellee property owner's development application had been approved by appellee borough council.
Modification of Child Support Petitions Denied; Daughters Needs Were Being Met
New York v. William Ward
Court properly denied appellant's request for a refund of unremitted restitution owed to appellant's mother, as doing so would run contrary to the rehabilitative purposes of restitution and run afoul of equitable principles and public policy. Order of the trial court affirmed.
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New York v. Lasmire Taylor
Fifth and Sixth Amendments require unanimous jury to determine beyond reasonable doubt that defendant's past offenses were committed on separate occasions for ACCA purposes
Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.
Ballot measure that would revise California Constitution may not be enacted by voter initiative
Appeals & Motions List released on: June 18, 2024
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