Biyernes, Mayo 31, 2019

Nouman Raja Conviction Appeal

Palm Beach Cop Nouman Raja Convicted

Attorneys of Nouman Raja who is a former Florida law enforcement officer filed an appeal and are requesting for another new trial. Nouman Raja is was Palm Beach Garden officer and is now convicted after shooting a man who happened to be a driver who was stranded. He is now appealing the court to give him another trial. Appeal attorney representing Nouman Raja has filed all the necessary paperwork in demand for another new trial. The reason for this is that the initial trial was not fair and impartial. The Palm Beach County jury had found this man guilty of attempted first-degree murder and manslaughter for the 2015 shooting of the deceased Corey Jones which was on a 1-95 exit ramp.

Jury Finds Nouman Raja Guilty of Corey Jones

He was working in plain clothes that day, He drove his van which was unmarked the wrong way up to an off-ramp, he then stopped a few feets away from the late Jone’s break-down SUV at around 3.15 am. This was on October 18th. What the prosecutor said is that Raja did not identify himself and that he acted in an aggressive manner thinking that Jones was a carjacker. Jones was a licensed firearm holder and the aggression he faced from Raja forced him to pull out his gun as he tried escaping. Raja continuously fired at him and caught him with a bullet that went straight through his heart.His lawyers, however, are appealing for his conviction stating that he is even eligible for a bond.

Raja Seeks to Appeals Conviction

They say he should have a house arrest while they continue appealing his case which is a serious conviction of manslaughter and first-degree murder. In a request that was filed with the Palm Beach County, Raja’s legal team led by Circuit Judge Joseph Marx said that he never violated the conditions for his pre-trial $250,000 for around three year’s time. They said that in his time on (house arrest) he complied with every guideline and went through all the stringent requirements of this procedure without any hitches. Attorney Steve Malone who represents Raj stated this firmly that the convict followed every detail required of him.

Nouman Raja cop

 

The prosecutors will have another chance of filing a response right before Marcx convenes a hearing. The family of the slain Jones will get a chance of sharing their thoughts on this matter. On Raja,s request, the appellate attorney’s note that he meets the required conditions under Florida law which can make a release under bond arguably possible. Among the reasons that they put forward to support their point is that Raja has no criminal records, he also has longstanding ties with the community. This shows he is a good man who would not have the intention of killing carelessly. His conviction was overshadowed by the fact that Marx made the mistake of not giving Raja’s defense attorney the chance to convince the jury that the shooting was a justifiable use of deadly force carried out by a law enforcer. The appeal lawyers further state that Raja is not a risk to the society or a flight risk, and he has a job lined up for him if he is released and he would continue living with his wife who he married 16 years ago as well as their two children and one of them has special needs. Now what they await is the judge’s discretion on whether he will grant the appellate bond. There is normally a particular chance for police officers who are convicted of serious crimes as well as convicts who are facing serious prosecutions. The appeal lawyers of Raja are seeking a bond of a reasonable amount. A defense attorney of South Florida known as Mark Eiglarsh said that the case facing Raja is a serious one and therefore one should not take the bond off the table after sentencing. A house arrest is what his lawyers are particularly seeking at first for Raja would rather serve time with his family. He can have a job here at Boynton Beach company that deals with selling tactical military gear. However, the nature of this case is too serious and charges like these don’t just get dropped. The family of Jones is going through a lot and especially his children. It is so sensitive and it’s upon the judge to decide whether to give him an appeal. The appeal lawyers of Raja have to give it their all id they expect a positive outcome.

Contact Brownstone Law to discuss any appeal in Florida.



from Blog https://www.brownstonelaw.com/nouman-raja-conviction-appeal/
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Biyernes, Mayo 24, 2019

Lorenzo v. Securities and Exchange Commission: Federal Appeal

Securities and Exchange Commission Rule 10b–5 makes it unlawful to(a) “employ any device, scheme, or artifice to defraud,” (b) “make any untrue statement of a material fact,” or (c) “engage in any act, prac- tice, or course of business” that “operates . . . as a fraud or deceit” in connection with the purchase or sale of securities. Read more about white collar crime under 10(b)(5). In Janus Capital Group, Inc. v. First Derivative Traders, 564 U. S. 135, this Court held that to be a “maker” of a statement under subsection (b) of that Rule, one must have “ultimate authority over the statement, including its content and whether and how to communicate it.” Id., at 142. On the facts of Janus, this meant that an investment adviser who had merely “participat[ed] in the drafting of a false statement” “made” by another could not be held liable in a private ac- tion under subsection (b). Id., at 145. Read more about this Federal Appeal: Petitioner Francis Lorenzo, while the director of investment banking at an SEC-registered brokerage firm, sent two e-mails to prospective investors. The content of those e-mails, which Lorenzo’s boss supplied, described a potential investment in a company with “con- firmed assets” of $10 million. In fact, Lorenzo knew that the company had recently disclosed that its total assets were worth less than $400,000.

from Blog https://www.brownstonelaw.com/lorenzo-v-securities-and-exchange-commission-federal-appeal-2/
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Tips for Writing a Strong Appellate Brief for the First Time

Writing a perfect and convincing appellate brief is art perfected by experienced appellate lawyers over time. For inexperienced lawyers, writing a strong appellate brief for the first time can be a daunting challenge. Essentially, an appellate brief is a formal document presented to an appeals court by lawyers which covers all legal arguments supporting their case. The sole purpose of authoring this document is to convince the judges to decide the case in favor of your client.

Adopt a focused approach

Coherency, focus, and clarity – these three elements can make your appellate brief strong enough to impress and possibly convince a judge. While conducting legal research regarding their case, many senior appellate tend to lose focus and end up wasting time upon legal aspects and instruments which do not have a direct connection with their case.

Always stay focused on your objectives while working on your draft – it is natural to get intrigued by questions of law and drive into an entirely different dimension. Keep your research as focused as possible to produce a top-notch appellate brief.

Highlight & Present Major Issues Convincingly

For appellate writing an appellate brief for the first time, it is imperative to identify and highlight the most pertinent issues of law. Finding precedents and statutes which substantiate your case should be your primary objective. In courts, only proof and evidence matter so make sure your appellate brief substantially outlines the errors made in trial court with evidence. Focus on your strongest arguments and build upon them rather than filling your brief with minor issues which would adversely reduce the significance of your most compelling arguments.

Avoid Making Generalizations

By making any tall claims or false information or anything which cannot be backed up with a credible source of information, you will make your appellate brief less effective. It is imperative to fact check every argument and statement you make in your appellate brief. Many appellate lawyers, who are proficient at drafting appellate briefs tend to spend a considerable amount of their time proofreading and fact-checking all their arguments.

Just one generalization or misinformation can render all your other powerful arguments useless. Always strive for perfection to garner positive results. Base your brief on law and legal arguments rather than generalizations and emotional pleas.

Strictly Follow the Rules

Another important aspect to consider while drafting your first appellate brief is taking into account the rules and format outlined by the respective courts. Surprisingly, a number of appellate lawyers fail in staying within the rules while drafting their respective briefs. There has been precedent where a court rejected an appellate brief because it attempted to evade the court’s page limit by adding extraordinarily verbose and lengthy footnotes. Therefore, it is imperative to write your brief, keeping in mind the requirements and limitations set by the respective courts for writing a valid and acceptable appellate brief.

Presentation

Lastly, and most importantly, the presentation is the most important aspect of writing an appellate brief, especially if you are doing it for the first time. While you may have added great legal arguments in your brief, if you do not present it in a chronological and coherent manner, the judges will not be able to make any sense of it. According to senior lawyers, it is recommended to formulate a chronological table of contents to provide ease to the judge and for your arguments to be received, read and considered in the sequence you originally planned.

In summation, you can certainly right a great appellate brief at your first attempt if you stay focused, conduct a thorough research and present your arguments properly. Although, only the most talented and experienced appellate lawyers have the skill to draft a perfect appellate brief which can convince the court in favor of their respective clients.

At Brownstone Law we have a team of skilled criminal lawyers that can handle your case with perfection. Give us a call now to get consultancy from experts



from Blog https://www.brownstonelaw.com/tips-for-writing-a-strong-appellate-brief-for-the-first-time-2/
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Martes, Mayo 7, 2019

tester

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy.

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy.

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy.

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy.

 



from Blog https://www.brownstonelaw.com/tester/
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