نماینده دادستان در دادگاه: حمله پلیس آلبانی و فرانسه به مقر منافقین نتیجه اقدامات قانونی است

منبع خبر: https://www.isna.ir/news/1403033120926/%D9%86%D9%85%D8%A7%DB%8C%D9%86%D8%AF%D9%87-%D8%AF%D8%A7%D8%AF%D8%B3%D8%AA%D8%A7%D9%86-%D8%AF%D8%B1-%D8%AF%D8%A7%D8%AF%DA%AF%D8%A7%D9%87-%D8%AD%D9%85%D9%84%D9%87-%D9%BE%D9%84%DB%8C%D8%B3-%D8%A2%D9%84%D8%A8%D8%A7%D9%86%DB%8C-%D9%88-%D9%81%D8%B1%D8%A7%D9%86%D8%B3%D9%87-%D8%A8%D9%87-%D9%85%D9%82%D8%B1-%D9%85%D9%86%D8%A7%D9%81%D9%82%DB%8C%D9%86

صدرالحسینی: آزادی حمید نوری، به پیکره منافقین ضربه شدیدی وارد کرد

منبع خبر: https://www.isna.ir/news/1403033020917/%D8%B5%D8%AF%D8%B1%D8%A7%D9%84%D8%AD%D8%B3%DB%8C%D9%86%DB%8C-%D8%A2%D8%B2%D8%A7%D8%AF%DB%8C-%D8%AD%D9%85%DB%8C%D8%AF-%D9%86%D9%88%D8%B1%DB%8C-%D8%A8%D9%87-%D9%BE%DB%8C%DA%A9%D8%B1%D9%87-%D9%85%D9%86%D8%A7%D9%81%D9%82%DB%8C%D9%86-%D8%B6%D8%B1%D8%A8%D9%87-%D8%B4%D8%AF%DB%8C%D8%AF%DB%8C-%D9%88%D8%A7%D8%B1%D8%AF

دستور ویژه رئیس دفتر بازرسی رئیس جمهور به سازمان‌های هواپیمائی

منبع خبر: https://www.isna.ir/news/1403033020648/%D8%AF%D8%B3%D8%AA%D9%88%D8%B1-%D9%88%DB%8C%DA%98%D9%87-%D8%B1%D8%A6%DB%8C%D8%B3-%D8%AF%D9%81%D8%AA%D8%B1-%D8%A8%D8%A7%D8%B2%D8%B1%D8%B3%DB%8C-%D8%B1%D8%A6%DB%8C%D8%B3-%D8%AC%D9%85%D9%87%D9%88%D8%B1-%D8%A8%D9%87-%D8%B3%D8%A7%D8%B2%D9%85%D8%A7%D9%86-%D9%87%D8%A7%DB%8C-%D9%87%D9%88%D8%A7%D9%BE%DB%8C%D9%85%D8%A7%D8%A6%DB%8C

بیمارستان قائم فعلا اجازه فعالیت ندارد/ ۴ نفر بازداشت شدند

منبع خبر: https://www.isna.ir/news/1403033020420/%D8%A8%DB%8C%D9%85%D8%A7%D8%B1%D8%B3%D8%AA%D8%A7%D9%86-%D9%82%D8%A7%D8%A6%D9%85-%D9%81%D8%B9%D9%84%D8%A7-%D8%A7%D8%AC%D8%A7%D8%B2%D9%87-%D9%81%D8%B9%D8%A7%D9%84%DB%8C%D8%AA-%D9%86%D8%AF%D8%A7%D8%B1%D8%AF-%DB%B4-%D9%86%D9%81%D8%B1-%D8%A8%D8%A7%D8%B2%D8%AF%D8%A7%D8%B4%D8%AA-%D8%B4%D8%AF%D9%86%D8%AF

موسسه حقوقی دادگان، مشاوره حقوقی، وکیل کیست؟ و وکیل دادگستری چه کسی است؟

اما مشاوران حقوقی میتوانند علاوه بر فعالیت و شغلی که به عنوان مشاور حقوقی دارند، در مشاغل دیگر نیز فعالیت داشته باشند. بر اساس اصل 35 قانون اساسی همه اشخاص در دعاوی مختلف، حق داشتن وکیل را دارند. در کشور ما به دلیل اصول خاص آیین دادرسی، یادگیری فنون و روش های آن توسط افراد عادی و بی تجربه در زمینه حقوقی کار بسیار دشوار و وقت گیری است. زیرا وکلا با دانش و آگاهی که نسبت به قوانین مختلف، رویه قضایی و اصول و آیین دادرسی دعاوی دارند، میتوانند راهگشای افراد در هنگام بروز مشکلات حقوقی باشند. وکیل کیست، موضوعی بود که ما در این مقاله به آن پرداختیم و در مورد وظایفی که یک وکیل حرفه ای بر عهده دارد، اطلاعاتی را در اختیار شما قرار دادیم. توصیه ای که لازم می دانیم در اینجا نیز مجددا آن را مطرح کنیم، مراجعه به وکلایی است که در رابطه با موضوع پرونده دعاوی، مهارت و تخصص بالایی دارند.

2- مرکز مشاوران، فقط به کسانی اجازه شرکت در آزمون کارآموزی می‌دهد که مدرک کارشناسی ارشد یا دانشجوی دکترا یا دکترا در یکی از رشته‌های مصوب حقوق داشته باشند، سن۲۶ سال تمام برای آقایان و بانوان دارا باشند، اولویت با کسانی است که ۵ سال تمام سوابق قضایی یا حقوقی داشته باشند یا حداقل دو سال سابقه حقوقی یا قضایی باید داشته باشند. 1- اگر وکالت‌نامه غیررسمی یا عادی در ایران تنظیم شده باشد، وکیل می‌تواند ذیل وکالت‌نامه تأیید کند که وکالت‌نامه را موکل شخصاً در حضور او امضا یا مهر کرده یا انگشت زده است. با بستن قرارداد وکالت، وکیل و موکل در مقابل هم حق و تکلیف یافته، روابط حقوقی، وظایف و مسئولیت های دو طرفه ای را دارا می باشند. به طور کلی ، هر شخصی که با دیگری قرارداد وکالت امضا کرده باشد ، می تواند تحت عنوان مفهوم وکیل شناسایی شود ؛ به عنوان مثال اگر مردی به همسر خود وکالت در طلاق داده باشد تا هر زمان بخواهد خود را از طرف شوهر مطلقه کند ، این امر سبب می شود که زن وکیل مرد شود ؛ منتها فقط در موضوع طلاق .

  • فوت یا حجر موکل ورشکستگی او در پرونده های مالی نیز موجب زوال وکالت است اما در این صورت از آنجا که وکالت منفسخ و وکیل منعزل می‌شود و دادرسی نیز تا تعیین وراث یا قیم متوقف می شود با تأخیر دادرسی برای اخذ توضیح از وکیل یا موکل مواجه نیستیم.
  • وکیل خوب علاوه بر دارا بودن اطلاعات کامل و جامع در خصوص موضوع پرونده می بایست به اصول اخلاقی و وجدانی پایبند باشد و به بهترین شکل از موکل خود دفاع نماید که برای دریافت اطلاعات بیشتر در مورد نکات مهم در انتخاب وکیل می توانید متن مقاله را مطالعه نمایید .
  • پرداخت هزینه های پرنده همچون هزینه های دادرسی، آگهی، کپی، کارشناسی، تیپ، اوراق استفاده شده و تماس تلفنی بر عهده موکل می باشد که می بایست با اعلام وکیل آن را بپردازد.
  • وکلای پذیرفته شده در آزمون وکالت کانون وکلا ، پس از طی دوران کارآموزی وکالت ، می بایست مجددا در آزمونی تحت عنوان آزمون اختبار شرکت کنند و قبول بشوند تا به آنها وکیل پایه یک دادگستری گفته شود .
  • به کار بردن چنین اصطلاحاتی از منظر حرفه ای و به لحاظ حقوقی نادرست است و سبب می شود که افراد در انتخاب وکیل دادگستری دچار اشتباه شوند .

اگر لازم است اصل اسناد خود را نزد وکیل به امانت بگذارید حتماً باید از وی رسید دقیق دریافت کنید تا بعدها باعث اختلاف نشود. این نوع وکالت یعنی فردی برای تمام امور خود، فرد دیگری را وکیل خود قرار بدهد و در همه امور به او وکالت دهد. در لغت نامه آبادیس، در معنی کلمه وکیل، عباراتی مانند نماینده، کارگزار، قیم، مدافع و غیره استفاده شده است.

ابطال پروانه کارآموزی وکالت

بنیاد وکلا پلتفرمی آنلاین است که بر مبنای نیازهای روز حوزه حقوقی و قضائی کشور طراحی و استقرار داده شده است. به وکلایی که در دوران کارآموزی به وکالت می پردازند، وکیل کارآموز یا کارآموز وکالت می گویند. موسسه صدای وکلا همواره میکوشد تا شما با صرف کوتاه ترین زمان و کمترین هزینه از برترین و به صرفه ترین خدمات حقوقی به صورت تلفنی یا آنلاین و یا حضوری بهرمند گردید. باشد تا بتوانیم رسالت خود را دراین مسیر به خوبی انجام داده و بدین شکل خدمت کوچکی به جامعه حقوقی کرده باشیم.

تا از بهترین وکیل ثبت احوال در تهران【سال1401】

به خاطر داشته باشید، وکلای دادگستری مطابق با چهارچوبی که قانون برای آنها تعیین کرده است، حق دارند از موکل خود دفاع کنند. وکیل به کسی گفته می شود که در رشته حقوق تحصیل کرده، در دوره های مربوط به آزمون وکالت شرکت و نمره قبولی به دست آورده است. در تعریف دیگری که برای وکیل ارائه شده، وکیل به فردی گفته می شود که از طرف یک شخص حقیقی و یا حقوقی برای انجام یک موضوع مهم مامور شده است. معمولا وقتی دعوایی بین دو طرف اتفاق می افتد، چنانچه مساله ای که باعث اختلاف طرفین شده باشد، واجد پیچیدگی هایی باشد، هر دو طرف می توانند وکیل حقوقی انتخاب کنند.

بعد از پایان مرحله‌ی کارآموزی، کارآموزان وکالت پروانه‌ی پایه دو دریافت می‌کردند و پس از دو سال می‌توانستند پروانه پایه یک دریافت نمایند. اما در سال 98 نحوه دریافت پروانه پایه یک وکالت در مرکز مشاوران قوه قضاییه با تغییرات قابل توجهی روبرو شده است. در مواردی که اشخاص برای دفاع از حقوق خود در دعاوی حقوقی نیاز به وکالت داشته باشند ولی توان مالی انتخاب وکیل را نداشته باشند با تشخیص اداره معاضدت مرکز وکلای قوه قضاییه و کانون وکلای دادگستری، وکیلی به صورت رایگان دفاع از حقوق شخص مُعسِر را برعهده می‌گیرد.

نباید همه رفتارهای ناقض قانون لزوما توسط دستگاه قضا پاسخ داده شود

منبع خبر: https://www.isna.ir/news/1403032919861/%D9%86%D8%A8%D8%A7%DB%8C%D8%AF-%D9%87%D9%85%D9%87-%D8%B1%D9%81%D8%AA%D8%A7%D8%B1%D9%87%D8%A7%DB%8C-%D9%86%D8%A7%D9%82%D8%B6-%D9%82%D8%A7%D9%86%D9%88%D9%86-%D9%84%D8%B2%D9%88%D9%85%D8%A7-%D8%AA%D9%88%D8%B3%D8%B7-%D8%AF%D8%B3%D8%AA%DA%AF%D8%A7%D9%87-%D9%82%D8%B6%D8%A7-%D9%BE%D8%A7%D8%B3%D8%AE-%D8%AF%D8%A7%D8%AF%D9%87

Introducing the 2024 Legal Trends for Solo and Small Law Firms report


Since 2016, legal professionals have relied on Clio’s annual Legal Trends Report for an impartial and comprehensive ،ysis of trends within the legal field. 

As the most extensive ،ysis of the legal industry, the Legal Trends Report compiles essential data on law firm performance and identifies key factors driving changes in legal practice. 

For lawyers in solo and small firms, we offer specialized insights through our annual Legal Trends for Solo and Small Law Firms report. We are excited to announce the release of the 2024 Legal Trends for Solo and Small Law Firms report, which examines these co،rts from various perspectives—including performance trends, strategies for improving payment collections, and at،udes towards artificial intelligence. 

Below, we’ll present the key takeaways from this year’s reports—but be sure to explore the full 2024 Legal Trends for Solo and Small Law Firms report for an in-depth overview of the trends shaping practice today! 

Solo and small firms are capturing more clients and revenue than ever, but only enjoying modest ،ns in billable ،urs

While solo and small firms are opening more new matters and billing and collecting more than ever, looking at this performance within a larger context indicates that solo and small firms are only making modest ،ns in overall performance—and, in some cases, being outpaced by larger firms in performance areas previously dominated by solo and small firms. 

Compared to 2016, solo and small law firms have only experienced minor growth in the number of billable ،urs captured by their employees. Small law firms have captured over 8% more billable ،urs than in 2016, while solo firms have captured over 1% more. Both solo and small firms also appear to be experiencing a decrease in the number of billable ،urs captured compared to 2016. This performance trails significantly behind the growth enjoyed by larger law firms: since 2016, these firms have captured nearly 25% more billable ،urs. 

Despite the downward trend in billable ،urs a، solo and small firms, the average lawyers in solo and small law firms are actually billing and collecting more than ever before. Solo lawyers are billing over 75% more and collecting over 80% more than in 2016, while small firm lawyers are billing over 90% more and collecting nearly 100% more than in 2016. Even when adjusting for inflation, solo firms are billing 38% more and collecting 42% more, while small firms are billing 49% more and collecting 55% more than in 2016. 

Image of LTR chart s،wing solo and small firm billed and collected amounts relative to 2016.

But when we look at overall key performance indicators, we aren’t seeing the same levels of improvement. 

Solo and small firms struggle with overall realization and collection performance

Since 2016, utilization rates (the percentage of time in an 8-،ur workday that goes towards billable work)  have generally risen steadily for firms of all sizes, suggesting that firms are finding more effective ways to streamline their workdays and put more time toward billable work. These increases are much more prominent a، larger firms, w، have consistently outperformed solo and small firms and, as of 2023, enjoy average utilization rates that are 10% higher than small firms and 15% higher than solo firms. 

Overall, solo and small firms have enjoyed similar overall increases in their realization rates (or the percentage of billable work that ends up on an invoice) since 2016. Solos have managed to increase their realization rates by 9% since 2016 while small firms have increased their realization rates by 7%. Still, these improvements are outperformed by the improvements of larger firms, which have increased their realization rates by 12% since 2016. 

Finally, since 2016, solo and small firms have only increased their collection rates (the percentage of invoiced work that gets paid by clients) by 4%. Larger firms have not fared much better—they have only increased their collection rates by 5%. So, while firms of all sizes are improving their collection practices, it appears that they may not be fully realizing opportunities to more efficiently collect payment from clients. 

Some solo and small firms face significant struggles with lockup performance 

Law firms must pay close attention to ،w quickly and consistently they are getting paid. Far too many firms find their revenue held in “lockup”—the period in which billable work has either not been invoiced or collected on. 

Lockup consists of three components (measured in days): 

  • Realization lockup. This is the amount of revenue that is unbilled at any given time (also known as “work-in-progress lockup”).
  • Collection lockup. This is the amount of revenue that is uncollected at any given time (also known as “debtor lockup”).
  • Total lockup. This is a combination of revenue held in both realization and collection lockup.  

Many solo and small firms face significant challenges invoicing and collecting on outstanding payments. While the top 25% of solo and small firms generally outperform larger firms when it comes to realization, collection, and total lockup, the bottom 25% of solo and small firms tend to perform worse than larger firms—suggesting that many solo and small firms tend to be either very good or very bad at issuing bills and following up on outstanding payments. 

We also see that some Clio features are ،ociated with a significant reduction in lockup, including Clio Payments, bulk billing, and Clio for Clients

Solo and small firms using online payments get paid more than twice as fast

The average realization and collection rates a، solo and small firms were 86% and 90%, respectively. 

While these numbers look great on their own, we also have to look at what’s missing—the 14% of billable ،urs that solo and small firms aren’t invoicing to clients, or the 10% of billed amounts that aren’t being collected from clients. Here, it becomes clear that solo and small firms have tremendous opportunities to improve their realization and collection rates. 

Both solo and small firm lawyers report struggling with their overall workload, growth, and the amount of revenue their firms bring in. Furthermore, many solo and small firms appear not to be offering the payment options that their clients are looking for. 

Offering online payments significantly reduces the friction involved for clients in paying their legal bills while helping law firms get paid faster. This difference is ،ounced a، solo and small firms, which get paid more than twice as fast when using online payments. When looking at the number of days it takes to get bills paid, both solo and small firms have a median waiting period of 6 days (compared to 14 days for t،se not using online payments). 

Chart s،wing that law firms that use online payments get paid more than twice as fast.

Lawyers in solo and small firms have similar at،udes towards AI use in the legal profession—but clients are even more enthusiastic about it 

Many lawyers (in firms of all sizes) don’t believe that AI is advanced enough to be considered reliable. Despite these reservations, the vast majority of lawyers believe that the ،ential benefits of AI outweigh the costs and nearly one in five (19%) legal professionals claim that they are already using AI in some form in their practices. 

Solo and small firms are generally aligned in their perspectives on AI: both co،rts intend to adopt AI technology at a much faster pace than larger firms and intend to use AI to handle routine administrative tasks, including payment and collection tasks. However, clients appear to be even more enthusiastic about the use of AI in the legal profession than lawyers in solo and small firms. Thirty-eight percent of prospective clients believe that lawyers w، use AI-powered software can offer more affordable services than t،se w، don’t (compared to 31% of lawyers in small firms and 34% of solo lawyers), while 32% believe that lawyers can provide higher-quality services with AI software (compared to only 23% of small firms and 19% of solo lawyers). As a result, t،se firms that em،ce the transformative power of AI may have a compe،ive advantage as AI begins to enjoy more widespread use. 

Where does the data come from? 

The Legal Trends Report uses a range of met،dological approaches and data sources to deliver the best insights about the state of legal practice and strategies for future growth. 

Aggregated and anonymized Clio data

We’ve examined aggregated and anonymized data from tens of t،usands of legal professionals across the United States. This behavi، data offers valuable insights into current technology usage a، legal professionals and its impact on firm performance.

Survey of legal professionals

Between May and July 2023, we conducted a survey of 1,446 U.S. legal professionals. The respondents included both lawyers and support s،—such as paralegals and administrators—w، are involved in the management of their practices.

Survey of the general population  

We surveyed 1,012 adults from the general U.S. population to understand their at،udes, opinions, preferences, and behaviors regarding the legal profession. The respondents included individuals w، have previously hired lawyers or may do so in the future. This sample is representative of the U.S. population in terms of age, gender, region, income, and race/ethnicity, based on the latest U.S. census data.

Clio’s investment in solo and small firms

Clio is dedicated to supporting solo and small law firms by providing them with the tools and resources they need to succeed in today’s legal environment. We offer a comprehensive suite of features designed to streamline processes, enhance efficiency, and enable exceptional client service, all with the flexibility to work from anywhere.

Our solutions cover essential areas such as time-tracking, billing, do،ent management, client communications, and client intake, freeing up time for solo and small firms with limited resources to remain compe،ive and grow. And, by investing in artificial intelligence through solutions like our forthcoming AI offering, Clio Duo, we are further streamlining routine tasks for solo and small firms through the power of automation. 

We believe the success of solo and small law firms is crucial for the legal industry’s health and accessibility. By equipping these firms with innovative tools and robust support, Clio is helping to create a more efficient, client-centered legal landscape.

To learn more, watch ،w solo and small firms use Clio with our free, on-demand webinar

What is a solo practice of law?

A solo practice of law is a legal practice run by a single attorney wit،ut partners or ،ociates. This solo prac،ioner handles all aspects of the business, including client consultations, case management, and administrative tasks, offering personalized and flexible legal services.

What size is a small law firm?

A small law firm typically consists of 2 to 4 legal professionals. These firms offer a more personalized approach compared to larger firms and often provide a range of legal services while maintaining close client relation،ps and flexible working environments.

Is it better to work at a small law firm or a big law firm?

Whether it’s better to work at a small or big law firm depends on your preferences and career goals. Small firms offer close-knit environments, varied work, and flexibility, while big firms provide higher salaries, specialized practice areas, and more extensive resources and training opportunities.

We published this blog post in June 2024. Last updated: .

Categorized in:
Clio


منبع: https://www.clio.com/blog/solo-small-law-firms-2024-legal-trends/

Biden Grants “Parole in Place” to Undocumented Immigrant Spouses of US Citizens


President Joe Biden
President Joe Biden. (Samuel Co،/Pool via CNP/Polaris/Newscom)

 

Today, President Biden  announced a policy granting “parole in place” to undo،ented immigrant spouses of US citizens w، have been in the US for at least 10 years, and meet some other criteria. T،se eligible can apply for parole status. If they get it, they will then have a three-year period during which they will have work permits and can apply for
“green card” permanent residency (that status will eventually also enable them to apply for citizen،p). Currently spouses of US citizens are already eligible to apply for green cards. But if they entered the US illegally, they are required to meet onerous conditions, such as first leaving the United States, and staying away for up to ten years. About 500,000 people could ،entially benefit from the program.

The grant of parole will enable them to dispense with these requirements. Under Section 245 of the Immigration and Nationality Act, undo،ented immigrants w، have been granted parole may have their status adjusted to that of temporary legal residents. That adjustment would dispense with various penalties for unlawful entry, including the requirement to leave the US for a long period of time before applying for a green card.

The m، and policy case for this step is obvious. Granting legal residency to spouses of US citizens keeps families intact, and enables these people to work legally. The latter will benefit both their families and the broader US economy. And letting them get green cards wit،ut having to leave the country for many years also helps prevent cruel family separations. That has obvious benefits for the immigrants, themselves, their US-citizen spouses, and their children (w، are also US citizens). Don’t take my word for it! Take that of the social conservatives w، have (rightly) insisted for decades that intact families are good for children, and for the broader community. If you believe in “family values,” you have every reason to support the administration’s new policy here.

Some will argue we must always enforce every law to the hilt, and thus that it is wrong to give illegal migrants any reprieve. But if you really believe all law-breakers s،uld be  punished, then you must also insist it’s wrong to let off the ،ok the millions of Americans w، routinely engage in minor traffic law violations or transgress a variety of other laws that are rarely enforced a،nst most violators, such as the federal ban on marijuana possession. A “just enforce the law” approach would require aut،rities to punish a majority of adult Americans, as most of us have violated federal criminal law at one point or another (to say nothing of state and local laws and regulations).

If, on other hand, you think it’s justifiable to forego punishment in cases where inflicting it would cause great harm or injustice, or where doing so diverts law enforcement resources from more important priorities, then there is a strong case for granting reprieves to undo،ented migrants w، fled ،rrible poverty and oppression. Their case for forbearance is actually stronger than that of t،se w، engaged in minor s،ding, marijuana possession, or other crimes that most Americans are happy to see go unpunished, in most situations. That reasoning applies with even greater force in a situation where a reprieve for the migrants would greatly benefit their US-citizen spouses and children.

The legal issues raised by Biden’s new policy are more complicated than the m، ones. The relevant statute gives the president the power to grant parole en،ling non-citizens to temporary legal residence, “on a case-by-case basis for urgent humanit، reasons or significant public benefit.”

This is the same statute under which Biden earlier granted parole to Ukrainians fleeing the Russian invasion of their country, and to migrants from four Latin American nations (Cuba, Nicaragua, Venezuela, and Haiti, the “CNVH” countries) wracked by oppression and violence. A coalition of twenty red state governments filed a lawsuit challenging the legality of the CNVH program. In March, federal District Judge Drew Tipton (a conservative T،p appointee w،se court the states picked because they expected him to be sympathetic to their cause) ruled the states lacked standing to bring the case. That ruling is now on appeal.

As in the CNVH case, there is a strong argument that parole for spouses of US citizens is backed by “urgent humanit، reasons.” Deporting such people (or requiring them to leave the country for many years to become eligible for legal residency) inflicts serious harm on their families, including many children. There is also a strong case that this grant of parole creates “significant public benefit.” As already noted, keeping families intact benefits the larger community, as well as the families themselves. A،n, don’t take my word for it! Take that of pro-family social conservatives (as well as many social scientists across the political spect،).

If, as is likely, conservative red states challenge the new policy in court, they will probably focus on the requirement that parole only be granted on a “case-by-case basis,” and claim that the administration’s rules are too categorical. This issue has come up in the CNVH case, and I addressed it in some detail in my amicus brief in that case (filed on behalf of the Cato Ins،ute and MedGlobal, as well as myself) (pp. 11-20). I think most of the points made there apply to parole for spouses of citizens, as well. I summarize the most important points in a September 2023 article in the Hill:

[A]ny case-by-case decision-making must be guided by rules and presumptions, if it is not to be completely random and arbitrary. And it is entirely reasonable to presume that migrants from nations with ،rrifically oppressive governments, widespread violence and economic crisis, have urgent humanit، needs.

The same goes for the presumption that paroling people from these countries will reduce pressure on the southern border, as it actually has [thereby creating a significant public benefit]….

Similarly, it is reasonable to presume that families have an “urgent humanit، need” to stay together, and that keeping them together is a significant public benefit.

It is worth noting that parole in place has been used since 2007 to protect spouses of US military servicemembers from deportation (a policy begun by administration of Republican President George W. Bush). That policy, too, relies on general rules and presumptions: that keeping servicemembers’ families intact is a humanit، imperative, and that it creates significant public benefits.

As in the CNVH case, a legal challenge to Biden’s new parole-in-place policy will raise standing issues. State standing issues in the two cases have some obvious similarities, but there may also be some differences. My own view is that states s،uld have broad standing rights to challenge a variety of federal policies, including t،se that—like this one—I think s،uld be upheld on the merits. But, in recent years, the Supreme Court and some lower federal courts have taken a harder line on state standing, including in some challenges to immigration policies. I may have more to say about standing questions later, once cases challenging the policy have actually been filed.

In sum, this is a good policy, and it is aut،rized by the parole power granted to the executive by Congress. But it will almost certainly be challenged in court, in what may turn out to be a prolonged legal battle.

 

 


منبع: https://reason.com/volokh/2024/06/18/biden-grants-parole-in-place-to-undo،ented-immigrant-spouses-of-us-citizens/

Fourth Circuit Court of Appeals (May 2024) – North Carolina Criminal Law


This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2024. Cases of ،ential interest to state prac،ioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.

Any cons،utional right limiting law enforcement’s involvement in a repossession by a private en،y was not clearly established; denial of qualified immunity to deputy reversed

Atkinson v. Godfrey, 100 F.4th 498 (May 2, 2024). In this case from the Middle District of North Carolina, the plaintiff purchased a car pursuant to an installment contract, whereby the seller retained a security interest in the vehicle. The plaintiff defaulted on the contract and the seller hired a financial services company to ،ist with repossession of the car. While the tow truck was attempting to take possession of the car, the plaintiff jumped into it and attempted to drive away. The driver of the tow truck and the plaintiff began arguing about the repossession, and the tow truck driver eventually called the Harnett County Sheriff’s Department. A deputy soon arrived, ordered the plaintiff to exit her car, and allowed the tow truck driver to take possession of the car. The plaintiff sued the deputy individually for an alleged Fourth Amendment violation for illegal seizure of the car (a، other claims), and the sheriff for failure to train and for policies leading to the alleged Fourth Amendment violations. The defendant law enforcement officers moved to dismiss for failure to state a claim and ،erted qualified immunity (a، other defenses). The trial court denied the motion on all grounds, and the defendants appealed.

The Fourth Circuit reversed. The U.S. Supreme Court has recognized that an officer’s involvement in a seizure of property by a private en،y may, in some cir،stances, rise to the level of state action that implicates the Fourth Amendment. Soldal v. Cook County, 506 U.S. 56 (1992). Notwithstanding this general principle, the boundaries of that rule are not clearly established, and the deputy here could not have reasonably been on notice of the point at which law enforcement involvement in a private seizure would incur liability. According to the court:

…[W]hile Soldal may support the general principle Atkinson advances—that law enforcement officials may violate the Fourth Amendment by actively parti،ting in a wrongful repossession—that principle is too broad to clearly establish that [the deputy’s] conduct was uncons،utional. Atkinson Slip op. at 12.

No Fourth Circuit or state supreme court case has squarely addressed when an officer’s involvement in a repossession crosses the line, and there is similarly a lack of consensus on the point a، other circuits. In denying qualified immunity, the district court relied on a decision by a federal district court out of West Virginia, which was not precedential and did not, according to the court, clearly establish the right at issue. Given that lack of clarity on the point, the officer was en،led to qualified immunity and the district court erred in ruling otherwise.

The sheriff’s appeal was dismissed for lack of jurisdiction. Had the court decided that no cons،utional violation had occurred, it would have been appropriate to order the district court to dismiss the claim a،nst him as well. Because the deputy’s case was instead resolved on grounds that any cons،utional right at issue was not clearly established, the claim a،nst the sheriff could proceed. “While it may be less likely that a muni،lity may be found liable when the cons،utional terrain was as murky as that here, the rules of pendent jurisdiction counsel staying our hand.” Id. at 18.

The unanimous court therefore dismissed the sheriff’s appeal and remanded the deputy’s appeal with instructions for the district court to grant his motion to dismiss.

Defendant’s fingerprint on a notebook left at the scene of the crime supported probable cause for search warrants; officer was en،led to good-faith reliance on the warrants even if they were defective; any error admitting lay testimony interpreting coded language was harmless when the witness could have been tendered as an expert

U.S. v. Darosa, 102 F.4th 228 (May 16, 2024). A jewelry store in Charlotte, North Carolina, was robbed at gunpoint one morning before opening. The robber left a roll of duct tape and a notebook at the scene, and police found the defendant’s fingerprint on the notebook. Security camera footage from nearby establishments s،wed a man in the area at the relevant time w، looked like the defendant. A search of DMV databases s،wed the defendant owned a silver car. A search of images within the city’s license plate reader databases s،wed that the car was silver a few days after the robbery but had been painted black a few days later. The officer obtained an arrest warrant for the defendant and search warrants for his car and ،me. A search of the car revealed gloves similar to t،se worn by the robber, a receipt for the car paint job, a note with the names of three jewelry businesses, and currency mat،g that which had been taken in the robbery. The search of the defendant’s ،me led to the discovery of handcuffs and two guns, one of which had been stolen in the robbery. Officers also discovered a receipt for more than $15,000 for items sold to another jewelry store eleven days after the robbery. The defendant was charged with robbery and firearms offenses in the Middle District of North Carolina. He moved to suppress the evidence obtained by the search warrants, arguing that they failed to establish probable cause. The district court denied the motion. A، other evidence a trial, the government presented cell p،ne data connecting the defendant to the robbery and recorded jail calls between the defendant and his girlfriend discussing stolen property and firearms in coded language. A detective testified to the meaning of the coded language wit،ut being tendered as an expert witness. The jury convicted on all counts, and the defendant appealed.

The Fourth Circuit determined that the district court properly denied the motion to dismiss. While the Fourth Circuit has expressed concerns about the value of fingerprint evidence on moveable items wit،ut evidence of when the print was created, here there was evidence that the notebook only appeared in the store after the robbery. Moreover, the case law discounting the value of fingerprints on moveable objects all relates to sufficiency of the evidence to support a conviction, not the question of probable cause. In the words of the court: “It’s no surprise that this type of evidence isn’t enough to satisfy the much higher ‘beyond a reasonable doubt’ standard. But the same isn’t true when considering probable cause. We’ve repeatedly stated that ،ential innocent explanations don’t defeat probable cause.” Darosa Slip op. at 9. The court further reasoned that even ،uming the warrants were defective, they were not so obviously invalid that a reasonable officer would know not to rely on them, and the evidence would have been admissible under the good-faith exception in the alternative.

The defendant also challenged the trial court’s admission of the detective’s lay testimony interpreting his jail p،ne calls. Even if the district court abused its discretion by admitting this evidence as lay testimony, any error was harmless in light of the fact that courts have “routinely” approved the use of expert law enforcement testimony to interpret coded drug language, and the detective here could have easily qualified as an expert in coded language relating to robberies and stolen property.

Challenges to the jury instructions and the sufficiency of the evidence were likewise rejected, and the convictions were unanimously affirmed in all respects.

Trial counsel’s decision to forego admission of jail records purporting to refute jail،use informant testimony was a valid strategic decision and the state post-conviction court did not unreasonably apply federal law in so deciding; denial of habeas relief affirmed

Cox v. Weber, 102 F. 4th 663 (May 23, 2024). In this habeas appeal from the District of Maryland, the pe،ioner was convicted at trial of first-degree ، and other offenses in state court. He was apprehended by law enforcement near the scene of the crime during a traffic stop for driving wit،ut a seatbelt and running a stop sign. His p،enger was wearing clothes mat،g the description of the s،oter, and a nine-millimeter gun was found in the car. A nine-millimeter s، had been recovered from the crime scene. Both men were charged with ،, conspi،, and gun offenses, but the p،enger’s case was severed for trial, and he was ultimately acquitted of all offenses. In the proceeding a،nst the driver, the defendant successfully moved to suppress the gun found inside the car. While the defendant was in pretrial custody, a jail،use informant contacted law enforcement concerning the case. He claimed that the defendant and co-defendant made incriminating statements to him about the ،. Because the informant had been lifelong friends with the victim, he sought to aid the prosecution. His testimony became the main evidence a،nst the defendant at trial. The informant was t،roughly cross-examined and impeached on several points, including his own pending charges and the possibility of a reduced sentence in that case in exchange for his ،istance to the government. The jury convicted on all charges, and the convictions were upheld on appeal. He argued in state post-conviction relief (“PCR”) proceedings that his trial lawyer was ineffective for failing to obtain and admit jail records, which he claimed would have proved that he and the informant were not in the same part of the jail at the time the informant claimed the inculpatory statements were made. At the evidentiary hearing, trial counsel testified that she had obtained the jail location records but had made a strategic decision not to use them. The jail records custodian would have testified that the records were often inaccurate, and the prosecutor had particular expertise with these types of records as a former administrator of the jail. This, to trial counsel, reduced the exculpatory value of the jail records and presented a risk to the defense strategy to highlight the lack of corroboration of the informant’s testimony. The state post-conviction court denied relief, finding that defense counsel made a valid strategic trial decision about the records and that her performance was therefore not deficient under Stric،d v. Wa،ngton, 466 U.S. 668 (1984). The state appellate court declined to review that decision and the pe،ioner sought habeas relief in federal district court. The district court also denied relief but found the issue to be a “close call” and issued a certificate of appealability. The Fourth Circuit unanimously affirmed. It is the pe،ioner’s burden to s،w that the state post-conviction court was “objectively unreasonable, not merely wrong.” Cox Slip op. at 16 (citation omitted). The decision of trial counsel to forego admission of the jail records may have ultimately been a mistake, but the district court correctly found that the state post-conviction court’s ruling that the decision amounted to a valid trial tactic was not an unreasonable application of Stric،d. According to the court:

Some strategic decisions fare better than others. While introducing the activity logs may have been the most effective way to challenge [the informant’s] testimony, we cannot say that the state PCR court unreasonably applied Stric،d in determining that Cox’s trial counsel’s decision was a valid trial strategy. Trial counsel made a reasonable investigation into the activity logs. She then determined that attempting to prove that Cox and [the informant] were not together in Central Booking using records of questionable reliability was too risky. Id. at 23.

The deficient performance ،g of a Stric،d claim requires deference to valid trial strategic decisions, even if the decision is ultimately questionable. Further, a habeas court is required to give “considerable deference” to the state post-conviction court’s determinations. In light of this double deference, the unanimous court affirmed the district court’s denial of relief.

Grant of qualified immunity to supervising officer on illegal seizure claim reversed; grant of qualified immunity on illegal search, excessive force, and retaliatory arrest claims affirmed; jury instructions on probable cause were not prejudicial on the facts of the case

Nazario v. Gutierrez, ___ F.4th ___; 2024 WL 2787963 (May 31, 2024). The plaintiff was an officer in the U.S. Army Medical Corps and was driving through Windsor, Virginia, around 6:30 pm one evening in December 2020. The plaintiff, w، is Black and Latino, had leased his vehicle three months earlier, and it had a temporary license tag in its rear window, which was tinted. An officer w، was still in training noticed the plaintiff’s car and failed to see the temporary tag in the back window. Under Virginia state law, a license plate is required on the front and rear of a vehicle, but that offense is an infraction only. The officer blue-lighted the car, and the plaintiff slowed to a s،d well under the s،d limit. The car p،ed several places where it would have been possible to stop, but the plaintiff continued driving for one minute and 40 seconds, traversing around a mile at low s،d before pulling into a well-lit gas station parking lot. The officer in training then conducted a felony stop, drawing his gun and pointing it at the plaintiff’s car as he exited his patrol car, apparently based on his su،ion that the vehicle was possibly stolen or that someone within the car was planning to attack him. Another officer supervising the officer in training was on scene and he too drew his gun and pointed it at the plaintiff. The license plate in the rear window of the plaintiff’s vehicle was visible to the officers as they approached the car. The officers then s،uted a series of sometimes-contradictory commands to the plaintiff, telling him to roll down his window, s،w his hands, and turn off the engine. Within 15 seconds, the plaintiff had turned off his car and held his hands out the window. The plaintiff repeatedly asked the officers why their weapons were pointed at him and what was happening. The officers then ordered the plaintiff to exit his vehicle and to keep his hands outside of the car. The plaintiff was wearing a seatbelt, and his driver-side door was locked. He continued questioning the officers about their conduct. At this point, the officers had walked towards the car and could see that the plaintiff was wearing Army ،igues. The plaintiff stated to the officers that he was serving his country. When asked a،n what was happening, the supervising officer told the plaintiff, “What is going on is that you are fixing to ride the lightning, son.” The officers repeatedly refused to tell the plaintiff the reason for the stop and continued telling him to exit his car. The plaintiff told the officers that he was in fear for his safety and did not want to get out. The supervising officer told the plaintiff, “Yeah, you s،uld be [scared].” One of the officers attempted to open the driver’s side door, but it remained locked. The supervising officer grabbed the plaintiff’s arm, and the plaintiff calmly told the officer to remove his hand. The officer responded, “That is not a problem,” removed his pepper spray from his belt, and s،ed shaking it. The plaintiff ducked down while keeping his hands outside of the car window. The plaintiff continued asking the officers why he was being stopped and treated this way wit،ut any response. The officer in training reached into the driver-side window and was eventually able to unlock the car, but when he attempted to open the driver-side door, the plaintiff used his elbow to block it from fully opening and closed the door. The supervising officer then pepper sprayed the plaintiff. The plaintiff was able to partially block some of the spray, but the officer sprayed three more times and succeeded in spraying the plaintiff in his face. When a،n commanded to exit his car, the plaintiff told the officers that he was worried about rea،g inside the car to undo his seatbelt. He eventually s،ed to get out of the car, but before his feet could touch the ground, the supervising officer grabbed his arm. The plaintiff—w،se eyes were closed due to the pepper spray—asked for a supervisor while the officer continued commanding him to the ground. Within around 10 seconds, the supervising officer performed a knee strike while the training officer pulled the plaintiff’s other arm, pu،ng him onto the ground. While on his hands and knees, the officers commanded the plaintiff to lie down face first. Eventually, the officers managed to handcuff the plaintiff. All of this occurred within six minutes of the initial stop.

The officers then engaged the plaintiff in conversation. When asked why he failed to stop, he told the officers he was looking for a brightly lit area in the interest of everyone’s safety and told the officers that he respected law enforcement. The supervising officer told the plaintiff that this was “the wrong answer.” After running the plaintiff’s paperwork and allowing him to receive medical treatment for the pepper spray, the officers proposed that the plaintiff could either be charged with obstruction of justice and traffic offenses or “chill” and “let this go.” C،osing the latter option, the officers then removed the handcuffs, and the plaintiff was allowed to be on his way. The entire encounter lasted 80 minutes.

The plaintiff sued, alleging Fourth Amendment violations for excessive force, illegal search, illegal seizure, along with a ،st of state tort claims and a First Amendment retaliation claim. The district court found that the officers had probable cause to stop and arrest the plaintiff and granted the officers summary judgment based on qualified immunity for the excessive force claim, the illegal seizure claim, and the First Amendment claim. The court granted summary judgment to the plaintiff for the illegal search claim as to the officer in training only. The illegal search claim as to the supervising officer and remaining tort claims proceeded to trial. During the trial, the judge instructed the jury that the officers had probable cause to believe the plaintiff was driving wit،ut a license, driving to elude arrest, obstructing justice, and failing to obey an order from a conservator of peace. The jury found the training officer not liable for ،ault, battery, and false imprisonment, but granted the plaintiff $1,000 in compensatory damages for the illegal search under state law (no damages were awarded for the Fourth Amendment illegal search claim). The supervising officer was found liable only for ،ault and was ordered to pay the plaintiff $2,685 in compensatory damages.

The plaintiff appealed, primarily arguing that the trial court erred in finding that the officers had probable cause to believe he was eluding arrest, obstructing justice, and failing to obey commands. This error, according to the plaintiff, affected both the summary judgment rulings and the jury instructions. The Fourth Circuit affirmed nearly all the trial court’s rulings but reversed in part. The trial court incorrectly found that the officers had probable cause to believe the plaintiff was eluding arrest when he continued driving for more than a minute and a half after being blue-lighted. Once the officer activated his blue lights, the plaintiff slowed to 18 miles an ،ur in a 35-mile-per-،ur zone and made no turns until pulling into the gas station.

[A]ssessing the facts known to the Policemen here—in the light most favorable to Lt. Nazario—we are unable to say that a ،nt person would believe that Nazario committed the misdemeanor offense of eluding under Virginia law. . . Driving slowly is a way to s،w an intention to comply with a police officer’s signal to pull over. Nazario Slip op. at 20.

Further, once the plaintiff pulled into the gas station and parked his car, it was obvious that he was not eluding the stop.

On the other hand, officers did have probable cause to believe that the plaintiff was committing obstruction of justice under state law for failure to follow lawful commands. The officers had probable cause to believe that the plaintiff was driving wit،ut a rear license plate and were justified in asking him to exit the car under Pennsylvania v. Mimms, 434 U.S. 106 (1977). The plaintiff having used his elbow to prevent the car door from being opened and actively closed it while officers were trying to open it amounted to probable cause to believe the plaintiff was committing obstruction of justice under state law.

As to the failure to obey an order from a conservator of the peace, the statute was w،lly inapplicable here, as the officers did not qualify as conservators of the peace under state law, and the trial court a،n erred in finding officers had probable cause to believe the plaintiff committed this offense.

The trial court correctly determined that the officers were en،led to qualified immunity on the excessive force and First Amendment retaliation claims, but incorrectly awarded the supervising officer qualified immunity on the illegal seizure claim. The act of pointing guns at the plaintiff throug،ut the encounter amounted to a threat of deadly force, one that was unjustified in light of the plaintiff’s nonthreatening behavior. The threat of deadly force was reemphasized by the verbal threats of the officer that the plaintiff was “fixing to ride the lightning” and that he “s،uld be” scared. Police only had probable cause to believe a traffic violation had been committed at the time of the stop. These threats, in the light most favorable to the plaintiff, unduly extended the traffic stop and a jury could find that the seizure violated the Fourth Amendment. Further, the right to be free from physical and verbal threats of deadly force under these cir،stances was clearly established. The Fourth Circuit noted that while the law is insufficiently developed in this circuit on the question of when an officer’s use of threatened deadly force by pointing a gun will clearly violate the Fourth Amendment, common sense dictates that the officer’s use of verbal death threats coupled with his pointing of a gun absent a threat to officer safety is uncons،utional. “If police officers have been informed that they are not to extend a traffic stop beyond its primary purpose, it is obvious that they s،uld not prolong the stop by making unwarranted death threats.” Nazario Slip op. at 32. Thus, the district court erred in granting the supervising officer qualified immunity on the illegal seizure claim. That ruling was reversed, and the matter remanded for additional proceedings.

As to the excessive force claim, the district court found that the plaintiff had a colorable claim and that officers may have used excessive force. But it also correctly found that the plaintiff’s right to be free from such force under the cir،stances was not clearly established at the time. Because the plaintiff was not in custody or otherwise under police control at the time he was pepper sprayed during a nighttime traffic stop, and because circuit precedent did not otherwise put the officers on notice that such a use of force was plainly illegal, they were en،led to qualified immunity despite the likely cons،utional violation.

As to the retaliation claim, the plaintiff alleged that the c،ice given to him by the officers—“chill” or be charged criminally—amounted to a First Amendment violation. Speaking out a،nst the police is protected s،ch, and the officers’ message to the plaintiff likely chilled his exercise of the right to such s،ch. There was, ،wever, no causal relation،p between the officers’ threat to arrest the plaintiff and the plaintiff’s protected s،ch, a required element of a First Amendment retaliatory arrest claim. The U.S. Supreme Court has held that probable cause will normally extinguish any First Amendment retaliatory arrest claim. Nieves v. Barlett, 139 S. Ct. 1715 (2018). Such was the case here. According to the court:

[T]he district court correctly determined that the Policemen had probable cause for the arrestable offense of misdemeanor obstruction of justice under Virginia law. And the existence of probable cause resolves the causation inquiry of the retaliation claim in the Policemen’s favor. There was therefore no cons،utional violation and the court properly dismissed Lt. Nazario’s First Amendment retaliation claim. Nazario Slip op. at 40 (cleaned up).

Finally, the plaintiff correctly argued that the officers lacked probable cause to arrest him for eluding arrest and failure to obey a command from a conservator of the peace, and the trial court s،uld not have instructed the jury that officers had probable cause for t،se offenses (as discussed above). Because the officers did have probable cause to believe the plaintiff was committing obstruction under state law, t،ugh, the trial court’s instruction on probable cause for that offense was correct. The plaintiff could not s،w prejudice on these facts. In the words of the court:

. . . [I]f there is probable cause for obstruction of justice but not for eluding or failure to obey, the trial court could have nonetheless instructed the jury that the Policemen had probable cause to arrest Nazario. In turn, the closing arguments would have likely included statements by counsel that the Policemen had probable cause to arrest Nazario, and the jury could have still factored the presence of probable cause into their verdict. Id. at 42.

The court therefore declined to set aside the verdict, and the case was remanded for additional proceedings on the illegal seizure claim a،nst the supervising officer only.

Judge Ru،ng wrote separately to dissent in part and to concur in part. While she agreed with the aspects of the district court’s judgment that were affirmed by the court, she would have upheld the district court’s ruling on the illegal seizure claim a،nst the supervising officer as well.


منبع: https://nccriminallaw.sog.unc.edu/case-summaries-fourth-circuit-court-of-appeals-may-2024/

دستور دادستان کل کشور برای بررسی علت حادثه آتش‌سوزی در بیمارستان قائم رشت

منبع خبر: https://www.isna.ir/news/1403032920009/%D8%AF%D8%B3%D8%AA%D9%88%D8%B1-%D8%AF%D8%A7%D8%AF%D8%B3%D8%AA%D8%A7%D9%86-%DA%A9%D9%84-%DA%A9%D8%B4%D9%88%D8%B1-%D8%A8%D8%B1%D8%A7%DB%8C-%D8%A8%D8%B1%D8%B1%D8%B3%DB%8C-%D8%B9%D9%84%D8%AA-%D8%AD%D8%A7%D8%AF%D8%AB%D9%87-%D8%A2%D8%AA%D8%B4-%D8%B3%D9%88%D8%B2%DB%8C-%D8%AF%D8%B1-%D8%A8%DB%8C%D9%85%D8%A7%D8%B1%D8%B3%D8%AA%D8%A7%D9%86