Indictment And Arrest For Computer Hacking

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Tami
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Indictment And Arrest For Computer Hacking

Post by Tami »

indeed it does lol

countdown: three more days /bigwink.gif\' class=\'bbc_emoticon\' alt=\';)\' />
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Tami
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Indictment And Arrest For Computer Hacking

Post by Tami »

No trial date was set at today's court appearance.

From the US State Attorney's office:

[quote]The judge set the next status date for December 4, 2007.[/quote]
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Sylo-X-
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Indictment And Arrest For Computer Hacking

Post by Sylo-X- »

I wish the courts would just hurry up...:\
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Electrix
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Indictment And Arrest For Computer Hacking

Post by Electrix »

[quote name=\'Sylo-X-\' post=\'41212\' date=\'Oct 17 2007, 09:51 AM\']I wish the courts would just hurry up...:\[/quote]

agreed.
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ner0
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Indictment And Arrest For Computer Hacking

Post by ner0 »

Really bugs me how long things like this take, could be (more) years before anything real gets done /dry.gif\' class=\'bbc_emoticon\' alt=\'<_<\' />
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Jim
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Indictment And Arrest For Computer Hacking

Post by Jim »

Atleast something is finally being done.
Love is all a matter of timing.

It's no good meeting the right person too soon or too late.

If I'd live in another time or place...

...my story might have had a very different ending.
Tami
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Indictment And Arrest For Computer Hacking

Post by Tami »

The wheels of justice do indeed appear to turn slowly - but at least they are turning. Is a "case status" date similar to what we call a preliminary hearing? I really need to find a web site which explains the American Federal Court Process.....
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Jim
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Indictment And Arrest For Computer Hacking

Post by Jim »

[quote name=\'Tami\' post=\'41226\' date=\'Oct 17 2007, 12:21 PM\']The wheels of justice do indeed appear to turn slowly - but at least they are turning. Is a "case status" date similar to what we call a preliminary hearing? I really need to find a web site which explains the American Federal Court Process.....[/quote]

hahaha, explain the American Federal Court Process...good luck /blum.gif\' class=\'bbc_emoticon\' alt=\':P\' />
Love is all a matter of timing.

It's no good meeting the right person too soon or too late.

If I'd live in another time or place...

...my story might have had a very different ending.
Tami
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Indictment And Arrest For Computer Hacking

Post by Tami »

Okay, according to the US Attorney:

[quote]Status is just where we go before the judge and he asks if the defendant has had time to review the discovery, wants to file motions, etc.[/quote]
Last edited by Tami on Wed Oct 17, 2007 5:06 pm, edited 1 time in total.
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Josh
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Indictment And Arrest For Computer Hacking

Post by Josh »

What exactly is filing motions? /blum.gif\' class=\'bbc_emoticon\' alt=\':P\' /> I never listen in school -.- sorrrryyyyy
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Jim
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Indictment And Arrest For Computer Hacking

Post by Jim »

things like a motion to dismiss xxx evidence on the grounds that it was obtained wrong, or plea bargains, last admissions of evidence also...I think o.o
Love is all a matter of timing.

It's no good meeting the right person too soon or too late.

If I'd live in another time or place...

...my story might have had a very different ending.
NightStorm
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Indictment And Arrest For Computer Hacking

Post by NightStorm »

From [url=\"http://library.findlaw.com/1999/Aug/1/128082.html\"]http://library.findlaw.com/1999/Aug/1/128082.html[/url] (Google is so cool /bigwink.gif\' class=\'bbc_emoticon\' alt=\';)\' />)

[b]What is a Motion?[/b]

[i]By Ando, Russell H. of Harold Chu, Attorney at Law, ALC [/i]

When involved in a lawsuit, parties and their attorneys often file motions, as in a motion to dismiss or a motion for summary judgement. What is a motion? What does it do?

Whenever a party wants the court to do something, he or she needs to make a written request to the court, which is what a motion is.

The court rarely acts on its own -- it normally rules on a motion that is presented to it. If a party wants a certain remedy or relief from the court, he of she needs to get it before the court by way of a motion.

The Hawaii Rules of Civil Procedure and the Rules of the Circuit Courts of the State of Hawaii have certain requirements for motions -- the moving of papers, a citation to a rule or statute that authorizes the motion, a memorandum in support of the motion, the attachment of all necessary affidavits and exhibits, a specific request for relief, and other requirements.

A motion can be either a non-hearing motion or a hearing motion. Certain motions are designated non-hearing, which means that the court will rule on it based on only the written memoranda and supporting affidavits and exhibits. Other motions require a hearing where, in addition to submitting written memoranda and evidence, the attorneys are required to appear before the court and argue orally in favor of or against that motion.

After oral arguments, the court then makes a ruling. The court's ruling is usually oral, and one of the attorneys will then prepare a written order that documents the court's ruling. The state courts rarely issue a written order with a detailed explanation of its ruling on a motion. The federal court, however, often issues a detailed written order when ruling on a motion for summary judgment, if the issues are complex or important enough.

There are many kinds of motions, but the most prevalent one is a motion for summary judgment. In this motion, a party is asking the court to make a final ruling on the merits of a particular cause of action so that that cause of action need not go to trial for determination. For a motion for summary judgment to be granted, there can be no genuine issue of material fact. If there is even one such issue, the court must deny the motion and send the issue to trial.

An example: In an auto accident case, whether the light was red or green is usually a genuine issue of material fact. If one witness says it was red and another says it was green, a motion for summary judgment must be denied because a jury, not the court, needs to decide, based on the evidence presented, whether the light was red or green.

However, if the material facts are undisputed, but the law is in dispute, the court can rule on a motion for summary judgment because courts are empowered to interpret questions of pure law.

A court cannot determine questions of fact -- only a jury can -- but it must rule on questions of law.

Therefore, if a case involves only legal issues, and the facts are undisputed, the court can rule on a motion for summary judgment, and a trial becomes unnecessary. If a motion for summary judgment is granted, that particular cause of action is resolved, and no trial on that issue needs to be held.

An entire case can be decided on a motion for summary judgment is the motion encompasses all of the issues presented in that case.

Motions are helpful in obtaining information or in trimming cases down to their basic parts. They can be quite simple, like a request to extend a deadline, or quite technical, on an arcane point of law. In either case, they are useful tools in the litigation process.
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Josh
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Indictment And Arrest For Computer Hacking

Post by Josh »

Well at the time of asking I didn't have time to look it up on Google /blum.gif\' class=\'bbc_emoticon\' alt=\':P\' /> I was in a programming class lol... Thanks /biggrin.gif\' class=\'bbc_emoticon\' alt=\':D\' />
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Sylo-X-
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Indictment And Arrest For Computer Hacking

Post by Sylo-X- »

If im not mistaken. He will have a court status hearing, then after that they will have another session to determine when the trial will begin. then, if found guilty, there will be another hearing later on to determine the sentence. he can be out on bail until his first actual trial date, then if he is found guilty he will be detained until the sentencing. then he can file a motion for time served which will make his sentence shorter. I could be wrong though
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