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		<title>What should you look for in choosing family law solicitors?</title>
		<link>http://lawtips4all.com/what-should-you-look-for-in-choosing-family-law-solicitors/</link>
		<comments>http://lawtips4all.com/what-should-you-look-for-in-choosing-family-law-solicitors/#comments</comments>
		<pubDate>Sat, 10 Sep 2011 12:52:55 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Family Law]]></category>

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		<description><![CDATA[Choosing a family solicitor for a case such as a divorce or separation is an important decision, and worth some preparation. As a prospective client, you need to look for certain information regarding the family solicitor in question. Thus, you will be able to decide whether you can work closely with them, and have confidence [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Choosing a family solicitor for a case such as a divorce or separation is an important decision, and worth some preparation. As a prospective client, you need to look for certain information regarding the family solicitor in question. Thus, you will be able to decide whether you can work closely with them, and have confidence that they will achieve the best outcome possible for your case.</p>
<p style="text-align: justify;">A family member, friend or another professional may recommend a <a href="http://www.contactlaw.co.uk/family/?cid=22092011-paid-text-link-family-solicitor-content-1" target="_blank">family solicitor</a> to you, but it is your decision and you are the one who must instruct them. Some family law solicitors will offer a free or fixed-fee initial appointment, to determine whether they can help with your case. Likewise, you may ask any questions you have prepared, concerning the solicitor’s suitability for your case.</p>
<p style="text-align: justify;">For example:</p>
<p style="text-align: justify;">How much experience do they have with your issue?<br />
What are their fees?<br />
Will there be any other costs such as disbursements?<br />
How busy is your lawyer?<br />
Will they be proactive in settling your case?</p>
<p style="text-align: justify;">You should look for expertise, professionalism but also a personable manner with which you feel comfortable.</p>
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		<title>The Requirements in Obtaining Criminal Lawyer Education</title>
		<link>http://lawtips4all.com/the-requirements-in-obtaining-criminal-lawyer-education/</link>
		<comments>http://lawtips4all.com/the-requirements-in-obtaining-criminal-lawyer-education/#comments</comments>
		<pubDate>Fri, 15 Apr 2011 06:55:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Education Law Tips]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Law Tips]]></category>
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		<category><![CDATA[New Lawyers]]></category>
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		<description><![CDATA[Criminal law is commonly defined as the body of rules defining the conduct that is prohibited by the state because it deems that a particular conduct could endanger, harm, or threaten the safety and welfare of the public. The state enforces criminal law and it has the right to enforce the punishment for individuals or [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://lawtips4all.com/wp-content/uploads/2011/05/CriminalLawyerEducation-img.jpg" alt="" title="CriminalLawyerEducation-img" width="250" height="250" class="alignright size-full wp-image-63" />
<p style="text-align: justify;">Criminal law is commonly defined as the body of rules defining the conduct that is prohibited by the state because it deems that a particular conduct could endanger, harm, or threaten the safety and welfare of the public. The state enforces criminal law and it has the right to enforce the punishment for individuals or organizations who breach the criminal law.</p>
<p style="text-align: justify;">In the United States, a criminal lawyer could represent an individual or group who is accused of a crime, or represent and help the state in prosecuting  an individual or group that is accused by the state. Many prospective lawyers in the U.S., would want to specialize in the area of criminal law would first have to take up and complete a criminal lawyer education before they could become a licensed and practicing criminal lawyer.</p>
<p style="text-align: justify;">In the U.S., the area of criminal lawyer education is commonly part of the formal legal education that is offered in a law school, which is an educational institution where an individual could obtain a professional legal education. The compulsory admission requirements for entering a law school is to be a graduate of a four-year bachelor’s degree, a satisfactory grade point average on the bachelor’s degree, and satisfactory score on the Law School Admission Test. Additional admission requirements considered by law schools are admissions essays or personal statements, letters of recommendation, and other application materials that based on the law school’s prerogatives.</p>
<p style="text-align: justify;">A prospective criminal lawyer should also make sure that the law school where is applying for admission is accredited by the American Bar Association (ABA) and the school’s academic law degree programs meet applicable academic standards set by the ABA. During a law school student’s legal education, he should preferably choose courses that are oriented in criminal law education. Courses involving strategies for litigation, criminal research and investigation procedures, plea bargaining, procedures for arraignment and indictment, and jury trials are all oriented towards criminal law. In addition, internship or on the job training in a law firm that specializes in criminal law would provide a prospective criminal lawyer with skills and knowledge in criminal law.</p>
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		<title>Law of Attraction Tips</title>
		<link>http://lawtips4all.com/law-of-attraction-tips/</link>
		<comments>http://lawtips4all.com/law-of-attraction-tips/#comments</comments>
		<pubDate>Tue, 15 Mar 2011 06:47:25 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Attraction Law Tips]]></category>
		<category><![CDATA[Collections Law]]></category>
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		<description><![CDATA[3 Top Tips to Apply the Law of Attraction correctly On this page, I will share my 3 top Law of Attraction tips. By using those tips, you can start applying the Law of Attraction successfully into your life. Tip #1. Know Clearly What You Want The most important thing is to know what you [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><strong>3 Top Tips to Apply the Law of Attraction correctly</strong></p>
<p><img src="http://lawtips4all.com/wp-content/uploads/2011/05/Fotolia_12331389_XS-300x257.jpg" alt="" title="Fotolia_12331389_XS" width="300" height="257" class="alignright size-medium wp-image-58" />
<p style="text-align: justify;">On this page, I will share my 3 top Law of Attraction tips. By using those tips, you can start applying the Law of Attraction successfully into your life.</p>
<p style="text-align: justify;"><strong>Tip #1. Know Clearly What You Want</strong></p>
<p style="text-align: justify;">The most important thing is to know what you want. Really sit down and take a few minutes to think about what you really want to have in your life. Take some piece of paper and write down this goal. Then you should visualize yourself as vividly as possible having already achieved that goal. Make sure to really feel the emotions associated with that goal.</p>
<p style="text-align: justify;">For example, let’s say you are a man and want a new romantic relationship with a woman. First, write down exactly the type of woman you want: how she looks, what type of clothes she wears, what she enjoys, and so on. Next, imagine yourself enjoying life with that kind of woman. Feel deeply how good it is to spend time with her, to hold her hand and so on. Doing this kind of visualization in a deep meditative state can be very powerful.</p>
<p style="text-align: justify;"><strong>Tip #2. Notice and Release Negative Emotions</strong></p>
<p style="text-align: justify;">Negative emotions will really pull you away further from your goals. In fact, you will attract even more of that negativity. You should really take the habit of noticing the type of emotions you feel during the day. Whenever you feel a negative emotion, accept it as it is and then allow yourself to let it go. There are many techniques to do so. One of my favorite techniques to let these emotions go is the Sedona Method. I’m also a big fan of EFT.</p>
<p style="text-align: justify;">Now if we focus again on our previous example, there is a problem if you want to attract a new woman in your life, but you feel jealous each time you see an interesting lady with a man you think doesn’t deserve her. This negative emotion is only useful in bringing even more jealousy back to you. Instead, the next time you see a couple, take a minute and notice your feelings. Do no try to suppress them, but rather choose to release the negative ones. Once the negativity is gone, take a few seconds inside your mind and wish the couple sincere happiness and joy. You are now sending good vibrations to the Universe which will come back to you.</p>
<p style="text-align: justify;"><strong>Tip #3. Commit to Your Goal Until You Achieve it</strong></p>
<p style="text-align: justify;">Write down your goal and don’t give up until it is achieved. The reason why most people don’t succeed is either because they don’t have any goals or don’t commit to them for long enough. People give up their goal because they face obstacles, but obstacles are part of life. They will always be there and it is by getting over them that we grow as individuals.</p>
<p style="text-align: justify;">So whatever you goal is, commit your whole being into it. Do the previous steps and take inspired action. You may not get your desired result the first time and this should not stop you. Keep focusing on your goal even in harder times and the Universe will have no choice but to reward you with what you wish for.</p>
<p style="text-align: justify;">These were my top 3 Law of Attraction tips. If you focus on these tips, you can start attracting whatever you want in your life right now. If you want a better understanding at the Law of Attraction and the other Universal Laws, I recommend you take a look at Revolutioniz – Harness the Hidden Laws of the Universe.</p>
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		<title>Five Indispensable Tips for Law Students and New Lawyers</title>
		<link>http://lawtips4all.com/five-indispensable-tips-for-law-students-and-new-lawyers/</link>
		<comments>http://lawtips4all.com/five-indispensable-tips-for-law-students-and-new-lawyers/#comments</comments>
		<pubDate>Wed, 09 Feb 2011 06:44:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Law Tips]]></category>
		<category><![CDATA[Collections Law]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Law tips for you]]></category>
		<category><![CDATA[New Lawyers]]></category>
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		<description><![CDATA[1.  Learn to use legal technology now. I know you have a far better understanding of technology than your professors and future bosses do.  Use that to your advantage.  Mastering these technologies will enhance your productivity as a law student and give you a leg up on your classmates when you enter the workforce. Get [...]]]></description>
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<blockquote>
<p style="text-align: justify;"><strong>1.  Learn to use legal technology now.</strong> I know you have a far better understanding of technology than your professors and future bosses do.  Use that to your advantage.  Mastering these technologies will enhance your productivity as a law student and give you a leg up on your classmates when you enter the workforce.</p>
<blockquote>
<p style="text-align: justify;"><strong>Get a Tablet PC.</strong> If you are shopping for a laptop, the tablet form factor is the only way to go.  It is impossible to overestimate the leap in productivity you will experience with a Tablet PC.  I take all of my notes (in handwriting that is searchable and convertible to text) on myToshiba M205 and am quickly making the yellow legal pad disappear from my desk.  Some great tablet-focused resources are here, here, andhere.  If you have a Mac, good for you.  I wish I&#8217;d bought Macs when I started my firm.  However, in the Windows environment, the Tablet is as good as it gets.</p>
<p style="text-align: justify;"><strong>Keep your stuff all in one (electronic) place. </strong>FranklinCovey PlanPlus or Agilix GoBinder are both programs built on the same platform.  The first is an elegant incorporation of the Franklin Covey system, and the second is geared towards students.  The calendering and to-do management of both of the programs is first-rate.  Both have free trials and work well on both the TabletPC and regular windows notebooks.</p>
<p style="text-align: justify;"><strong>Save time and keystrokes.</strong> Use Activewords. Buzz Bruggeman, who is blogging through the hurricane, created this utility with some other really smart people.  Download it.  Check out this weblog, and take the time to learn the software.  Trust me on this one.</p>
<p style="text-align: justify;"><strong>Learn to organize your case.</strong> The Casemap group of programs, and most particularly, NoteMap.  If you are a litigator to be, you absolutely must try these programs and learn them.  Download them for a free trial, schedule a free demo with one of the tremendous salespersons, and use the program in your trial or pre-trial class.  Your school should get at least one free license, if they don&#8217;t have one already.  One small part of the suite is Notemap,  a little outling program that far exceeds anything I&#8217;ve ever used for outling and note taking.  You can pick up a free license  of Notemap from Dennis Kennedy&#8217;s site.</p>
<p style="text-align: justify;"><strong>Use a brainstorming/mindmapping tool daily.</strong> The best on the market is MindManager Pro, but it is a bit pricey (but especially worth it if you use a Tablet PC).  A great (and free ) alternative is FreeMind.  You will not find a better method for organizing your ideas and brainstorming sessions.  Both programs also work great for organizing your thoughts before you write that big brief or law review article.</p>
<p style="text-align: justify;"><strong>Use the software lawyers use.</strong> With the exception of Casemap, not a lot of lawyers use the software I have listed.  A lot of lawyers do use legal-specific practice management software like PCLaw, Timematters, Amicus Attorney, and others.  Download a trial version, try managing a fictional case, and keep track of every six minutes of your day for a few weeks.</p>
</blockquote>
</blockquote>
</div>
<p style="text-align: justify;">&nbsp;</p>
<div style="text-align: justify;">
<blockquote><p><strong>2.  Learn how most lawyers work.</strong> Sixty percent (or more) of lawyers work in a small firm environment.  Odds are, you will too someday.  Go work for a sole practitioner (even just a few hours per week).  Seeing the other side of law practice will give you valuable insights into how most lawyers work, and help you determine if small firm life is a viable alternative to the big dollars/long hours/no life that often accompanies working in a big firm.</p>
<p><strong>3. Learn Time Management.</strong> I&#8217;m not just talking about skipping Oprah to read for tomorrow&#8217;s civil procedure class, I&#8217;m talking about true system-based time management.  David Allen&#8217;s system is great, and the Franklin Covey system also works well.  Get over your procrastination habit now, or it will kill you in law practice.  Some good time management-related blogs are here, here, here, and here.</p>
<p><strong>4. Learn the business.</strong> Law is a profession, and law is a business.  In law school, you generally get one class on ethics and none on law practice management (and certainly none on marketing).   For the thousands (hundreds of thousands?) you&#8217;ll pay to become a lawyer, the fact that you&#8217;ll get no instruction on how to be a lawyer is absolutely shameful.  Since this is the self-study portion of your curriculum, I&#8217;d suggest the following:</p>
<blockquote><p><strong>Read these five books</strong>:<br />
Clients for Life Creating Customer Evangelists Firm of the Future Million Dollar Consulting The Seven Day Weekend</p>
<p><strong>Visit these six blogs regularly </strong>(or add their RSS feeds to your aggregator):<br />
Gaping Void<br />
Sandbox Wisdom<br />
Seth&#8217;s Blog<br />
the [non]billable hour<br />
The Occupational Adventure<br />
Worthwhile</p></blockquote>
<p><strong>5.  Don&#8217;t be an Asshole.</strong> Nobody likes the student who always volunteers, and tries to show how smart he or she is.  We called those students  gunners.   Believe me, if they don&#8217;t like you in law school, they won&#8217;t like in law practice.  There was a student in my law school class who constantly bragged about herself, her job, and her grades.  She would constantly put others down in an off-handed way.  If I saw her today, and told her I was just appointed by the Pope to personally find his successor, she&#8217;d respond by telling me she was asked first, and turned down the job because the money wasn&#8217;t half of what she&#8217;s making now.  Do you know how many cases other lawyers have referred to her?  I&#8217;m guessing zero.  Your reputation as a lawyer begins now.  So don&#8217;t screw it up.</p></blockquote>
</div>
<p style="text-align: justify;">&nbsp;</p>
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		<title>Stockbrokers to Start Reporting Clients&#8217; Tax Basis</title>
		<link>http://lawtips4all.com/stockbrokers-to-start-reporting-clients-tax-basis/</link>
		<comments>http://lawtips4all.com/stockbrokers-to-start-reporting-clients-tax-basis/#comments</comments>
		<pubDate>Mon, 10 Jan 2011 06:40:46 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Internet Sales Tax]]></category>
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		<description><![CDATA[Taxpayers will be receiving a little more assistance from their stock brokers when it comes to the preparation of the annual Schedule D in their tax returns &#8212; the Energy Improvement and Extension Act of 2008 has mandated that every broker required to file a return with the IRS reporting sales proceeds must also report a [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://lawtips4all.com/wp-content/uploads/2011/05/stock_broker_250x251.jpg" alt="" title="stock_broker_250x251" width="250" height="251" class="alignleft size-full wp-image-48" />
<p style="text-align: justify;">Taxpayers will be receiving a little more assistance from their stock brokers when it comes to the preparation of the annual Schedule D in their tax returns &#8212; the Energy Improvement and Extension Act of 2008 has mandated that every broker required to file a return with the IRS reporting sales proceeds must also report a customer&#8217;s adjusted basis in the security, and whether any gain or loss on the sale is long or short term in nature.</p>
<p style="text-align: justify;">A &#8220;covered security&#8221; is stock in a corporation acquired on or after January 1, 2011, or shares in a mutual fund, or shares acquired in a dividend reinvestment plan (DRP) acquired after January 1, 2012.</p>
<p style="text-align: justify;">If a customer sells less than his or her entire position of a security in an account, a broker must report the customer&#8217;s basis (other than mutual fund or DRP shares) generally using the first-in, first-out (FIFO) method unless the customer provides the broker an adequate and timely identification of the shares or units the customer wants to sell. A broker must report the adjusted basis of mutual fund or DRP stock (for which the customer may average the basis of the stock) in accordance with the broker&#8217;s &#8220;default&#8221; method unless the customer notifies the broker that the customer elects a different permitted method.</p>
<p style="text-align: justify;">The new rules change the way taxpayers determine the average basis of mutual fund stock and permit them to average stock held in a DRP. Starting in 2012, taxpayers who elect to average the basis of mutual fund shares will compute separate averages for fund shares held in different accounts. Taxpayers will also be permitted to average the basis of mutual fund shares in one account but not average them in another account.</p>
<p style="text-align: justify;">The due date for brokers to so report will be February 15 after the end of the tax year in question. And when a taxpayer changes brokers, the rules will require the transferring broker to furnish to the receiving broker a written statement with all necessary information required for the receiving broker to comply with the Act&#8217;s basis reporting requirements. Statements required by this rule are generally due no later than 15 days following the transfer of the covered securities.</p>
<p style="text-align: justify;">&nbsp;</p>
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		<title>Internet Sales Tax &#8212; Coming Sooner Than You May Think</title>
		<link>http://lawtips4all.com/internet-sales-tax-coming-sooner-than-you-may-think/</link>
		<comments>http://lawtips4all.com/internet-sales-tax-coming-sooner-than-you-may-think/#comments</comments>
		<pubDate>Mon, 20 Dec 2010 06:36:38 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Internet Sales Tax]]></category>
		<category><![CDATA[Sales Tax]]></category>
		<category><![CDATA[Taxes and Your Business]]></category>

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		<description><![CDATA[If something called the &#8220;Main Street Fairness Act&#8221; clears Congress, the days of sales tax-free Internet commerce may be numbered. U.S. Senator Dick Durbin (D-Illinois) plans to introduce the bill, we hear, shortly after the Easter recess. &#8220;Why should out-of-state companies that sell their products online have an unfair advantage over Main Street bricks-and-mortar businesses?&#8221; queried [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://lawtips4all.com/wp-content/uploads/2011/05/Internet-sales-tax-grocery-cart-300x225.jpg" alt="" title="Internet-sales-tax-grocery-cart" width="300" height="225" class="alignright size-medium wp-image-43" />
<p style="text-align: justify;">If something called the &#8220;Main Street Fairness Act&#8221; clears Congress, the days of sales tax-free Internet commerce may be numbered.</p>
<p style="text-align: justify;">U.S. Senator Dick Durbin (D-Illinois) plans to introduce the bill, we hear, shortly after the Easter recess.</p>
<p style="text-align: justify;">&#8220;Why should out-of-state companies that sell their products online have an unfair advantage over Main Street bricks-and-mortar businesses?&#8221; queried Durbin recently in a speech. &#8220;Out-of-state compaines that aren&#8217;t paying their fair share of taxes are sticking Illinois residents and businesses with the tab.&#8221;</p>
<p style="text-align: justify;">But we hear that the Direct Marketing Association (DMA), not surprisingly, takes a dim view of Durbin&#8217;s idea. &#8220;You&#8217;re just giving the states a blank check to make changes without any congressional oversight,&#8221; says Jerry Cerasale, DMA&#8217;s senior vice president for government affairs. &#8220;We oppose that&#8230;..We think that&#8217;s abrogating the authority of Congress.&#8221;</p>
<p style="text-align: justify;">So far, nobody has been able to quite figure out just what to do with the Internet from a sales and use tax standpoint. (Check out Nolo&#8217;s article Sales Tax and the Internet for more info.) And that&#8217;s just the way the NetChoice Colalition likes it. The Coalition says, &#8220;Internet access &#8212; and its concomitant ability to communicate, educate, and telework &#8212; should not be taxed. At a time when most people agree that the U.S. needs more broadband, Internet access taxes will slow broadband deployment, particularly in rural and low-density areas. Fewer consumers will buy a higher-priced taxed product. A smaller pool of potential customers means providers can&#8217;t justify investment in new broadband infrastructure build-out&#8230;&#8230;NetChoice endorses a permanent tax moratorium to encourage continued innovation on the &#8216;Net&#8217;.&#8221;</p>
<p style="text-align: justify;">The big boys of retailing, however, would likely support Durbin&#8217;s proposal. Why wouldn&#8217;t they &#8212; their bricks-and-mortar presence is increasingly ubiquitous.</p>
<p style="text-align: justify;">But as NetChoice points out, &#8220;The &#8216;Internet&#8217; is not a specific place or thing, but a network of networks that transcend geographic and political borders.&#8221; A virtual entity. And who&#8217;s in charge of taxing that?</p>
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		<title>CCA Overrules Clewis&#8217;s Factual Sufficiency Review</title>
		<link>http://lawtips4all.com/cca-overrules-clewiss-factual-sufficiency-review/</link>
		<comments>http://lawtips4all.com/cca-overrules-clewiss-factual-sufficiency-review/#comments</comments>
		<pubDate>Sun, 14 Nov 2010 06:31:48 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Appeals]]></category>
		<category><![CDATA[Appellate Practice]]></category>
		<category><![CDATA[Standards of Review]]></category>

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		<description><![CDATA[In a splintered decision in Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010), the Texas Court of Criminal Appeals overruled Clewis v. State, 922 S.W.2d 126 (Tex. Crim. App. 1996), which provided for review of a jury verdict in a criminal case for factual sufficiency of the evidence.  Judge Hervey wrote the plurality opinion announcing the [...]]]></description>
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<p style="text-align: justify;">In a splintered decision in <em>Brooks v. State</em>, 323 S.W.3d 893 (Tex. Crim. App. 2010), the Texas Court of Criminal Appeals overruled <em>Clewis v. State</em>, 922 S.W.2d 126 (Tex. Crim. App. 1996), which provided for review of a jury verdict in a criminal case for factual sufficiency of the evidence.  Judge Hervey wrote the plurality opinion announcing the judgment of the Court, joined by Presiding Judge Keller and Judges Keasler and Cochran.  Despite joining the plurality, Judge Cochran also filed a concurring opinion, in which Judge Womack joined.  Judge Price filed a dissenting opinion, joined by Judges Meyers, Johnson, and Holcomb.</p>
<p style="text-align: justify;">Judge Hervey’s opinion begins by stating that the Court was called consider whether “there is any meaningful distinction between a legal-sufficiency standard under <em>Jackson v. Virginia</em> and a factual-sufficiency standard under<em>Clewis v. State</em> and whether there is a need to retain both standards.”  Judge Hervey concluded that “these two standards have become essentially the same standard and that there is no meaningful distinction between them that would justify retaining them both.”  Thus, the plurality would overrule <em>Clewis</em> and hold that “the <em>Jackson v. Virginia</em> legal-sufficiency standard is the only standard that a reviewing court should apply in determining whether the evidence is sufficient to support each element of a criminal offense that the State is required to prove beyond a reasonable doubt.”</p>
<p style="text-align: justify;">Judge Hervey wrote that the distinction between these two standards was supposed to be that in a legal sufficiency review, the court views the evidence in the light most favorable to the verdict, while in a factual sufficiency review, the court views the evidence in a “neutral light.”  Judge Hervey noted that <em>Clewis</em>, however, required reviewing courts to afford “’appropriate deference’ to the jury&#8217;s credibility and weight determinations.”  Judge Hervey concluded that, by requiring “appropriate deference” to a jury’s credibility and weight determinations while also requiring a neutral review of the facts, <em>Clewis</em>’s factual-sufficiency standard was contradictory and “barely distinguishable” from the <em>Jackson </em>legal-sufficiency standard.</p>
<p style="text-align: justify;">Judge Cochran’s concurrence expressed the view that adopting <em>Clewis</em> in the first place was a misguided attempt to apply civil standards of evidentiary sufficiency to criminal cases, which require proof beyond a reasonable doubt.  “The evidence in this case is either sufficient to support appellant&#8217;s conviction under the constitutionally-mandated <em>Jackson</em>standard or it is not.  It cannot be ‘semi-sufficient.’”  Thus, Judge Cochran and Judge Womack agreed that “it is time to consign the civil-law concept of factual sufficiency review in criminal cases to the dustbin of history.”  The result:  five members of the court agreed that <em>Clewis</em> has no place in Texas jurisprudence, and factual sufficiency review is dead.</p>
<p style="text-align: justify;">The dissent argued that the Court could not eliminate factual sufficiency review, “which has been recognized from the beginning to be inherent in the appellate jurisdiction of first-tier appellate courts in Texas,” in the absence of a constitutional or statutory change.  The dissent disagreed that legal and factual sufficiency standards of review were “barely distinguishable,” explaining:</p>
<p style="text-align: justify;">Deference is not an all-or-nothing proposition.  A reviewing court may look to the record <em>without</em> the requirement of resolving conflicts and ambiguities in the light most favorable to the jury&#8217;s verdict and <em>still</em> limit the exercise of its power to reverse and remand for a new trial in the interest of justice, out of deference to the jury&#8217;s verdict, to those cases in which the State&#8217;s evidence is <em>most</em> tenuous or the weight of the evidence <em>greatly</em> preponderates against conviction.  The qualified deference that we have said first-tier appellate courts should pay to jury verdicts does not somehow convert factual sufficiency review into legal sufficiency review.</p>
<p style="text-align: justify;">The many facets of this opinion, and in particular, the ramifications for legal sufficiency review under <em>Jackson </em>after<em>Brooks</em>, are too involved to discuss in one blog post.  For example, because the majority of the court believes that the<em>Jackson </em>and <em>Clewis </em>standards are the same, it could be argued that the <em>Jackson </em>standard allows courts of appeal to resolve conflicts in the evidence by requiring the evidence to allow a “rational” decision by the jury.  If so, defendants may be able to obtain an acquittal based on what is essentially a factual sufficiency argument, where under <em>Clewis</em>, they could have only received a new trial.  The winter issue of <em>The Appellate Advocate</em> will feature an excellent (and positive) analysis of <em>Brooks</em> by Ricardo Pumarejo, Jr., titled “Clueless Over <em>Clewis </em>or: How I Learned to Stop Worrying and Welcome <em>Brooks v. State.</em>”  Stay tuned!</p>
<p style="text-align: justify;">&nbsp;</p>
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		<title>Use of K-9 Units at Traffic Checkpoints</title>
		<link>http://lawtips4all.com/use-of-k-9-units-at-traffic-checkpoints/</link>
		<comments>http://lawtips4all.com/use-of-k-9-units-at-traffic-checkpoints/#comments</comments>
		<pubDate>Tue, 26 Oct 2010 06:28:44 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Criminal Appeals]]></category>
		<category><![CDATA[Appellate Practice]]></category>
		<category><![CDATA[Search and Seizure]]></category>

		<guid isPermaLink="false">http://lawtips4all.com/?p=33</guid>
		<description><![CDATA[On petition for discretionary review, the Texas Court of Criminal Appeals approved the use of K-9 units at a stationary traffic checkpoint implemented with the stated purpose of merely identifying unlicensed and uninsured drivers. Lujan was traveling through El Paso with a passenger, when he came upon a stationary traffic checkpoint set up by local [...]]]></description>
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<p style="text-align: justify;">On petition for discretionary review, the Texas Court of Criminal Appeals approved the use of K-9 units at a stationary traffic checkpoint implemented with the stated purpose of merely identifying unlicensed and uninsured drivers.</p>
<p style="text-align: justify;">Lujan was traveling through El Paso with a passenger, when he came upon a stationary traffic checkpoint set up by local police.  Lujan did not have a driver’s license.  He was asked to pull over and was questioned about his activities that night.  The officers discovered that Lujan’s passenger had outstanding warrants, and the passenger was removed from the vehicle.</p>
<p style="text-align: justify;">Deputy Hernandez, who was assigned to the checkpoint, testified that the checkpoint’s purpose was to detect unlicensed and uninsured drivers.  Hernandez’s police unit included a K-9 handler, who was also present at the checkpoint.  According to one of the officers, Lujan began acting extremely nervous.  A pat-down search revealed over $1,000 in Lujan’s pockets.  The officers obtained permission to search the vehicle, and the K-9 unit immediately alerted to the presence of drugs.  Drugs were then discovered hidden in the car’s door panel.  On cross-examination, Deputy Hernandez testified that his unit is not merely a traffic unit but is a criminal interdiction unit that handled “multiple tasks including racing, DWI, traffic enforcement, and narcotics.”  Another officer testified that the unit would investigate any violations they uncovered, not just unlicensed or uninsured motorists.</p>
<p style="text-align: justify;">The trial court denied Lujan’s motion to suppress, and the El Paso Court of Appeals reversed.  The El Paso court cited the well-established rule that a traffic checkpoint may be used to detect unlicensed or uninsured motorists, but a checkpoint whose primary purpose is to detect general criminal wrongdoing is impermissible under the Fourth Amendment.  The court determined that the use of K-9 units and the testimony that any violations uncovered would be investigated rendered this traffic checkpoint unconstitutional.</p>
<p style="text-align: justify;">A majority of the Court of Criminal Appeals disagreed in an unsigned, per curiam opinion, with Judge Johnson concurring and Judge Meyers dissenting.  The majority held that the trial court’s duty was to inquire of the checkpoint’s “primary” purpose, and because this question was a mixed question of law and fact, the trial court was within its discretion to determine that the primary purpose was to detect unlicensed and uninsured drivers.  While the officers’ testimony conflicted, the trial court had discretion to resolve the conflict.  Because the primary purpose of the checkpoint was permissible, the officers were entitled to consider other violations that they discovered.</p>
<p style="text-align: justify;">Judge Johnson concurred, noting that the presence of the K-9 unit undermined the State’s alleged primary purpose:</p>
<p style="text-align: justify;">El Paso County deputy sheriffs set up a checkpoint, ostensibly to target uninsured and unlicensed drivers.  That claim is undermined by the presence of a drug dog at a checkpoint near the Mexican border and I-10, a known route for drug transport.  Drug dogs are trained to detect the presence of illegal drugs; they are less useful for sniffing out expired driver&#8217;s licenses.  Mere membership in the assigned unit does not adequately explain the dog&#8217;s presence.  The assigned unit was not a traffic unit; as the majority notes, it had multiple duties, including racing prevention, DWI, traffic enforcement, and, notably, narcotics.  The deputies&#8217; regular responsibilities and specialized training were not relevant to a checkpoint for only licenses and insurance, and if the checkpoint were truly for only licenses and insurance, the dog would be a valuable resource wasted and better used at a location where its specialized skills were in demand.  I agree with the court of appeals that the checkpoint was a subterfuge for general criminal enforcement.</p>
<p style="text-align: justify;">Judge Johnson concurred with the result, however, because Lujan was subject to arrest for driving without a license.  Thus, further detention was justified, and thereafter, a reasonable suspicion of criminal activity developed due to Lujan’s possession of a large amount of cash and his nervous behavior.  Furthermore, he consented to the search, so the drugs would have been discovered even if the K-9 unit had not been present.</p>
<p style="text-align: justify;">Judge Meyers dissented, believing that the primary purpose of the checkpoint was to detect evidence of ordinary criminal wrongdoing:</p>
<p style="text-align: justify;">The checkpoint in this case included a K-9 unit.  So, if the primary purpose of this checkpoint program was, as the majority concludes, to check drivers&#8217; licenses and insurance, then the deputies did not need drug-sniffing dogs.  This was akin to bringing a gun to a knife fight, and from then on, it was officially a gun fight.  Based upon the facts of this case, I disagree with the majority and would conclude that the primary purpose of the checkpoint was to “uncover evidence of ordinary criminal wrongdoing,” in contravention of the Fourth Amendment.</p>
<p style="text-align: justify;">&nbsp;</p>
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		<title>Tips on How to Choose the Best Workers Compensation Attorney</title>
		<link>http://lawtips4all.com/tips-on-how-to-choose-the-best-workers-compensation-attorney/</link>
		<comments>http://lawtips4all.com/tips-on-how-to-choose-the-best-workers-compensation-attorney/#comments</comments>
		<pubDate>Sat, 02 Oct 2010 06:24:13 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Attorney Law Tips]]></category>
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		<category><![CDATA[workers]]></category>

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		<description><![CDATA[lawyer compensation &#8220;to workers who finally choose the complaint must be represented in the area that specializes in this type of case law is difficult, and one you need something by a lawyer who knows the pros and cons of this article as it would be a terrible lawyer before workers&#8217; compensation, which was new to your field [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://lawtips4all.com/wp-content/uploads/2011/05/lawpicture.jpg" alt="" title="lawpicture" width="399" height="299" class="alignright size-full wp-image-28" />
<p style="text-align: justify;"><strong>lawyer</strong> compensation &#8220;to workers who finally choose the complaint must be represented in the area that specializes in this type of case law is difficult, and one you need something by a <strong>lawyer who</strong> knows the pros and cons of this article as it would be a terrible <strong>lawyer</strong> before <strong>workers&#8217; compensation,</strong> which was new to your field and had never worked on a case? It would be terrible. Therefore, we need to talk to allpotential workers&#8217; compensation <strong>lawyers</strong> and ask them how much experience you have with such cases.</p>
<p style="text-align: justify;">Select only the workers compensation <strong>lawyer</strong> that the species has been working with these cases, for several years, at least ten, preferably more. <strong>Lawyers</strong> Steer clear of <strong>new</strong> workers&#8217; <strong>compensation,</strong> are not what you want to manage. Absolutely certain that &#8216;workers compensation <strong>lawyer</strong> that you hire is a true and honest to goodnessSpecialist.</p>
<p style="text-align: justify;">Find out how your peers have been examined by other <strong>lawyers</strong> for the <strong>workers &#8216;compensation.</strong> This is a crucial step in the process of selection of the right of workers&#8217; compensation <strong>lawyer.</strong> This will give you a clear and precise every worker compensation <strong>lawyer</strong> individual candidates. This review them, the<strong>lawyers</strong> know what to look for and they know what is missing. They would not be able to grasp this kind of thing because you knownothing of the law. Take their word, they are the experts.</p>
<p style="text-align: justify;">More and more workers&#8217; compensation <strong>lawyers</strong> to go online these days. It would not hurt for you to check the website of the Workers Compensation <strong>lawyer</strong> who considered the rent. What do you look? E &#8216;professional? You can tell a lot about a person and their standards of their websites. If it is a terrible place full of spelling mistakes and rough work, you might want to go somewhere elseIn the search for a rent of worker compensation <strong>lawyer.</strong> You do not want to detail you choose a <strong>lawyer</strong> worker compensation does not pay that much attention. This could lose your case. And the workers&#8217; compensation <strong>lawyer</strong> who must be willing to part with some good facts and tips. Website you should see some useful information about when people do not, then these workers&#8217; compensation <strong>lawyer</strong> can not really talk about others. Do you want yourWorkers Compensation <strong>lawyer</strong> to take care of problems yourself and the results.</p>
<p style="text-align: justify;">Your workers &#8216;compensation <strong>lawyer lawyers</strong> are members of specific groups of <strong>workers&#8217; compensation?</strong> We hope this shows some commitment on the part of your <strong>lawyer.</strong> Dedication and attention to detail is what wins the day. So they look at <strong>the</strong> worker&#8217;s compensation <strong>attorney</strong> that the interview for the job and only the <strong>workers&#8217;</strong> compensation <strong>lawyer</strong>has both.</p>
<p style="text-align: justify;">&nbsp;</p>
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		<title>Music Business/Law Tips</title>
		<link>http://lawtips4all.com/music-businesslaw-tips/</link>
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		<pubDate>Sun, 05 Sep 2010 06:17:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Music Business Law Tips]]></category>
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		<description><![CDATA[B. There could be a question as to who owns the name between two, or more, different groups who all perform under the same name. The actual ownership is usually decided by which artist performed under (i.e., used) the name first. However, there is a legal term called &#8220;secondary meaning&#8221; which could override first use. [...]]]></description>
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<p style="text-align: justify;">B. There could be a question as to who owns the name between two, or more, different groups who all perform under the same name. The actual ownership is usually decided by which artist performed under (i.e., used) the name first. However, there is a legal term called &#8220;secondary meaning&#8221; which could override first use. A secondary meaning is when the public identifies a name with a particular artist. The Rolling Stones are a good example. There is no question as to who this name refers to. It could be that another act using the name the Rolling Stones was around first, but the public identification is with the famous group. If the artist is just starting out and finds itself in a situation where there is a rival claim to the name, it is probably better to change the name early on to avoid legal hassles.</p>
<p style="text-align: justify;">C. There could be a question as to who owns the name between the members of a group. This becomes a problem if a member leaves or the group breaks up. It is advisable for the group to enter into a partnership agreement, or form a corporation, so that this issue is dealt with in advance.</p>
<p style="text-align: justify;">An artist should also be wary of any record label that attempts in the contract to have ownership rights in the name transferred to the label. The artist must refuse this request because it is unfair for the label to benefit from owning a name that the artist created and developed.</p>
<p style="text-align: justify;">In conclusion, a name is very important and great care should be taken in selecting it, protecting it and clarifying ownership in it.</p>
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