... declination of prosecution of the defendant and declinations of prosecution of four other individuals, one of whom was ar...precluded from offering or otherwise referencing the initial declination of prosecution of Morel and the declinations of prosecution of the other four individuals arrested at JFK on the s...cocaine shipments. However, the defense is precluded from referring to any declination of prosecution, including the initial declination of prosecution of Morel...

...Attorney's Office issued a declination of prosecution, explaining, “Following a review of the evidence and interviews with several witnesses, including the complaining witness, the People conclude that the...as to whether a declination of prosecution indicates that a defendant is innocent. Third, she contends she was entitled to an order of remittitur because of the excessiveness of the jury's award..., as required to support a claim of malicious prosecution. On December 27, 2006, the District Attorney of the County of New York issued a declination of prosecution wh...

...copy of a March 31, 2010 memorandum entitled “Declination of Prosecution of Omar Ahmad.” Id. ¶ 13, 15. On April 15, 2011, Rep. Peter King, the Chairman of the House Commi..., 2010 memorandum entitled “Declination of Prosecution of Omar Ahmad” from Attorney General [sic] David Kris to Acting Deputy Attorney General Gary Grindler. b) Any and all.... AG”) and the Council on American–Islamic Relations (CAIR) or any CAIR affiliated groups concerning, regarding, or relating to the prosecution or declination of prosecution of Omar Ahmad...

...declination of prosecution. There appears to be neither California nor federal precedent on the question of liability for terminating life-sustaining treatment. Moreover, we have failed to find any decision...possible wrongful death action by Foster's relatives, or even to criminal prosecution. The reasonableness of this fear is demonstrated by the local District Attorney's refusal to grant appellants a... WILLIAM JAMES FOSTER, DECEASED THROUGH WILLIAM JAMES FOSTER, JR., SPECIAL ADMINISTRATOR FOR THE ESTATE OF DECEASED, PLAINTIFF-APPELLANT, v. WALLACE W. TOURTELLOTTE, M.D...

...of no contest to a charge of indirect criminal contempt and a declination of prosecution. The charge of indirect criminal contempt stemmed from the mother's failure to abide by the terms ...parties' final dissolution judgment. The declination of prosecution related to a criminal complaint which the mother had initiated against the father. As a result of her no contest plea...Court of Appeal of Florida, Fifth District. August 26, 2005. Appeal from the Circuit Court, Seminole County, Debra S. Nelson, J...

...prove to be a viable energy producer. Finally, Hartnett was nearly seventy-five years old and in poor health. Following the declination of prosecution, the FBI in June of 1983 placed the Hartnett...method, however, the declination of prosecution is simply irrelevant. Whether or not a prosecution was pending, the FBI, having decided to examine the generator, would need to do so in the way best...had declined prosecution. Indeed, as noted above, the declination of prosecution wa...

...defendant's pending motion. A form "declination of prosecution" was received in evidence during the trial. The form states in pertinent part that "[f]ollowing a review of the...did not preclude the possibility that the charges could be renewed in the future. Plaintiff, in support of her argument that the declination of prosecution constitutes a...criminal case against Stampf testified at trial that, at the time he prepared the declination of prosecution form, he had interviewed witnesses, determined the evidence was insufficient, and had no...

...malicious prosecution claim only if the District Attorney's declination of prosecution constituted a favorable termination of the proceedings commenced by the issuance of the DATs...by a prosecutor constitutes a favorable termination provided it was not procured by the malicious prosecution plaintiff. Cook therefore suggests that the declination of prosecution in this...Section 1983, respectively. The third and fourth charge Soler with malicious prosecution, again respectively under State law and Section 1983. The fifth cause of action alleges that Soler's actions...

...the Criminal Division of the Department of Justice in Washington for possible prosecution. One year after the referral the Justice Department declined prosecution of Barket or Civic Plaza and closed the ca...Attorney for the Western District of Missouri, and apparently retained no record summarizing the information gathered in its investigation of the $30,000 loan or revealing the reasons for its declination of ...declination of prosecution of Barket to the local United States Attorney cannot be characterized as an intentional attempt to gain tactical advantage, it does constitute an additional element of culpabilit...

...charge were improper because he was never arrested or charged with that offense and because the alleged victim, D.L.'s mother, filed a declination of prosecution. The trial court... Fla. App. District Court of Appeal of Florida, Fifth District. No. 5D14–3228. 2014-09-17... D.L., a Child, Petitioner, v. STATE of Florida, Respondent. Katherine Puzone, Orlando, for Petitioner.Pamela Jo Bondi, Attorney...

..., D.L.'s mother, filed a declination of prosecution. The trial court ruled that the three points added for D.L.'s illegal possession of a firearm were appropriate by attempting to... No. 5D14–3228. 09-17-2014 D.L., a Child, Petitioner, v. STATE of Florida, Respondent.... Opinion WALLIS, J. Petitioner, D.L., a child, requests a writ of habeas corpus, challenging his continued secure pretrial detention. D.L. alleges that the trial...

...Ticket, noting that he was charged with violating § 16-122, and was released. By that time, the District Attorney's Office had signed a "DECLINATION OF PROSECUTION," stating that " PROSECUTION...OF TH[E] CASE [against Betancourt] WAS DECLINED [because the case] Lack[ed] Prosecutorial Merit." (Declination of Prosecution dated February 28, 1997.) B. The... Augustine BETANCOURT, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, Lambert Watson, Plaintiff, v. Michael R. BLOOMBERG, in his...

...QUESTIONS OF LA W The government will likely file motions in limine regarding Justin Irvin's prior conviction, self defense, Jackson County's declination of prosecution and... W.D. Mo. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION Criminal Action No. 15...-00158-01-CR-W-DW 05-17-2016 UNITED STATES OF AMERICA, Plaintiff, v. DARNELL D. WALKER, Defendant...

...testified freely and fully in compliance with the order . . . . [L]ess than complete testimony should not appear to be rewarded by a declination of prosecution in a case where independent evidence.... NELSON, Circuit Judge: I. [2] OVERVIEW This case involves the prosecution of a formerly...for money laundering in Oklahoma, and AUSA Reese was assigned to assist in this prosecution. In the Fall of 1988...

...the U.S. Attorney's declination of prosecution. In addition, Fender produced at the hearing his handwritten account of a "statement" that Cox had provided (but refused to sign or even read) on the...prejudicial, and thus was not properly admissible as evidence of "prior similar acts." Specifically, the prosecution...ultimately reached, Cox undertook to plead guilty to one count of filing a false tax return and to cooperate fully in the Burns Harbor prosecution, while the Government promised to grant him immunity...

...suggests that the District Court may have imposed an above-Guidelines sentence to compensate for the “benefits” that appellant received as a result of the declination of prosecution by Virginia...what a good deal he was getting, despite the denial of a downward variance. See Sent. Tr., J.A. 144–45. The trial judge never discussed the declination of prosecution or the change in the... D.C. Cir. United States Court of Appeals, District of Columbia Circuit. No. 13–3062. 12-15...

...2014), the court held that a declination of prosecution could suffice "to establish termination in the plaintiff's favor notwithstanding that the prosecutor is theoretically capable of resurrecting the...presents one question: whether Petitioner Jeremiah Goodwin sufficiently pled claims for malicious prosecution and intentional infliction of emotional distress. Because the complaint contains the requisite...implies a lack of reasonable grounds for the prosecution." Rounseville v. Zahl, 13 F.3d 625, 629 (2d Cir.1994) (quoting Conway...

...nonetheless was established by other evidence. For several reasons though, the special prosecutor's declination of prosecution is of no moment to our analysis. "It is the exclusive province of this Court t...reasonable doubt does not preclude a Rule 8.4(b) charge, it follows that a declination of prosecution based on a perceived lack of proof beyond a reasonable doubt fares no differently...distinct aims and purposes. Moreover, a prosecutor may decline to pursue a prosecution for any number of reasons unrelated to whether the subject of the investigation committed a criminal act; and indeed...

..., 734 N.E.2d 750 (citations and quotation marks omitted). In Stampf, the Second Circuit held that a declination of prosecution could suffic...dismissal of (1) the Plaintiff's First Amendment retaliation claim; (2) the New York State malicious prosecution claims against the Town and Individual Defendants; and (3) the declaratory judgment claim...Brookhaven Defendants, a criminal prosecution is a sufficient form of concrete harm for purposes of a First Amendment retaliation claim. Brink v. Muscente, No. 11 Civ. 4306(ER), 2013 U.S. Dist. LEXIS...

..., documents with prosecutorial notes on them, memoranda regarding its declination of prosecution, its internal communications and documents, and contact information for victim advocates with which it...DISTRICT OF NORTH DAKOTA Renate Evangeline Postelmans, ) ) Plaintiff, ) ORDER... ) vs. ) ) Detective Dustin Celander of the ) Williston Police Department, ) Case No. 1:18-cv-214 ) Defendant. ) Before the...