I'm surprised there have not been a flood of posts about Mar a Lago
issues. Though only one comes to mind.
I thought it was (almost?) an iron-clad rule that subsequent motions
about a given case were to go to the judge that started things off, in
this case, signed the search warrant. (Is there a legal term for this principle so I can search for more info? Judge-shopping is the
opposite.)
Appointing a master is not only the same case, it's directly related to
the search.
The 2nd judge noticed that at first, but as of today, seems to have
forgotten that it's an issue. When asking that the motion be redrafted,
she could have directed the lawyer to file it with the first judge.
Is she entitled to entertain motions or must she tell them to file with
the other judge?
....
So I switched to news.tweaknews.eu which worked fine in other groups,
but here, maybe related to the fact that mlm is moderated, I coud read
but not post. I tried posting through the email address and that
worked iirc for new threads, but then replying was a real nuisance
(copying the post, copying the subject line separately, trying to get my From- to match what I had used here, and then for some it woudln't
appear in the same thread but a new thread.)
MLM is one of my favorite ngs, and pound-for-pound, it's my favorite,
but I didn't think it would help to complain to tweaknews. Maybe I
should have, maybe someone else did, or maybe during the past year or
more they just fixed it.
Hypothetical
Jane is driving her boss to the office in a company car. Suddenly
the boss says "Instead of the office, take me to the park"
Jane refuses and continues to the office.
Questions
1. Is Jane now kidnapping the boss?
2. If the boss says "Pull over and let me out" and Jane refuses,
does that make it kidnapping?
Roy <montanawolf@outlook.com> wrote:
Hypothetical
Jane is driving her boss to the office in a company car. Suddenly
the boss says "Instead of the office, take me to the park"
Jane refuses and continues to the office.
Questions
1. Is Jane now kidnapping the boss?
I'm not a criminal law expert, but in this case I think it would be debatable, and dependent on Jane's intent.
2. If the boss says "Pull over and let me out" and Jane refuses,
does that make it kidnapping?
That's a more certain case that it's likely kidnapping.
On 8/31/2022 8:00 AM, Stuart O. Bronstein wrote:
Roy <montanawolf@outlook.com> wrote:Yes, you are correct
Hypothetical
Jane is driving her boss to the office in a company car. Suddenly the
boss says "Instead of the office, take me to the park"
Jane refuses and continues to the office.
Questions
1. Is Jane now kidnapping the boss?
I'm not a criminal law expert, but in this case I think it would be
debatable, and dependent on Jane's intent.
2. If the boss says "Pull over and let me out" and Jane refuses, does
that make it kidnapping?
That's a more certain case that it's likely kidnapping.
Kidnapping requires intent so the proper charge would be
25 CFR § 11.404 False imprisonment.
A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty.
Presumably there would be some sort of exception concerning the
individuals safety ? Alternatively if the person said "Let me out" while
you were doing 65 on a freeway, and you complied*immediately* would you
be absolved of the probable death of the person ?
Hypothetical
Jane is driving her boss to the office in a company car. Suddenly the boss >says "Instead of the office, take me to the park"
Jane refuses and continues to the office.
Questions
1. Is Jane now kidnapping the boss?
2. If the boss says "Pull over and let me out" and Jane refuses, does that >make it kidnapping?
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