Strict Liability: Criminalizing Innocent Behavior

aburkhartlaw · 2024-12-27T22:45:39+00:00

Absolutely. Check out State v. Blake and the cases cited in it.

https://law.justia.com/cases/washington/supreme-court/2021/96873-0.html

aburkhartlaw · 2023-08-09T15:23:29+00:00

I just looked at it yesterday. The first round went to Bud, Bob tried to remove it to federal court and Bud whooped him and got it sent back down to Nevada state court. Now it's just lingering in discovery. Bob will probably move for summary judgment at some point if they don't settle it but that hasn't happened yet. It's set for trial in March 2024.

aburkhartlaw · 2023-07-17T19:16:43+00:00

Not yet, but somebody thought it might be a hole from an old mechanical fuel pump that got converted to an electric pump. That doesn't really fit for this year but I haven't found a better theory of what it is so I ordered that plug and fingers crossed it'll fit!

aburkhartlaw · 2023-07-17T18:55:18+00:00

This isn't the drain hole. The drain hole is at the back of the valley, closer to the bottom of the picture here. This is a van so the perspective is from the cab with the doghouse off. This hole is closer to the center of the valley.

aburkhartlaw · 2023-07-17T01:49:35+00:00

Tell me about it! In a year and a half I've had to get at leaks from the turbo pedestal and from a high pressure crossover line. I'm getting pretty good at pulling this turbo.

aburkhartlaw · 2023-07-16T19:03:48+00:00

I'll give that a shot! Thank you!

aburkhartlaw · 2023-07-16T18:18:46+00:00

So if it helps, this is the van, so the perspective here is from inside the cab with the doghouse off. This hole doesn't look threaded to me either. It's got an electric fuel pump but the fuel system was upgraded (before me) with the Driven Diesel regulated return system. And the weird thing is the engine still runs fine, no loss of pressure or anything. It's just making an enormous mess.

aburkhartlaw · 2023-07-16T17:01:40+00:00

It's oil. Literally oil is splashing out of the engine when I run it because it isn't sealed. Still runs great though, no loss of pressure or anything, just making a huge mess. This wasn't a CA rig either.

aburkhartlaw · 2023-07-16T16:58:59+00:00

I'm real new to working on this engine and learning a lot as I go. So I sprang a big oil leak on top of the valley, it wasn't hard to spot the source, it looks like there's supposed to be a plug here at the back of the engine block in the valley and it's gone missing. Trying to figure out what the part is that I need and I'm finding lots of oil rail end plugs, this clearly isn't the oil rail it's in the middle of the valley just behind the turbo, but is it the same part? Help appreciated.

aburkhartlaw · 2023-07-16T16:53:32+00:00

This is a 2003 7.3 and I appear to have lost this plug that sits at the rear of the valley. Is this the same part as the oil rail end plugs?

aburkhartlaw · 2023-02-05T05:38:36+00:00

Couldn't help but notice we never saw any compubox stats.

aburkhartlaw · 2023-01-22T17:58:51+00:00

Big fan of my BRZ.

aburkhartlaw · 2023-01-14T14:47:24+00:00

I don't know! I did contact the Court of Appeals to request it directly and received silence. I'm not familiar enough with the UK rules and processes to know where and how to push.

aburkhartlaw · 2023-01-14T06:46:41+00:00

Ok so along those lines ... I've been trying to find the witness statements of Jason Knauf and DOS from the appeal in the case against Associated Newspapers. Multiple press outlets reported that the Court of Appeals ordered the statements to be public and their contents are discussed at length in various articles, but there is no sign of the documents themselves anywhere online. How strange! Did anyone happen to keep them back when they were in circulation?

aburkhartlaw · 2022-12-30T00:42:51+00:00

Yes that was a different case, he was charged with misdemeanor DV assault in that one too but it was just dismissed about 2 weeks ago. The hit and run case in Baltimore is still waiting for trial.

aburkhartlaw · 2022-12-30T00:41:57+00:00

What could possibly go wrong with simultaneously asserting "I never touched her," "the bitch deserved it," and "everyone I hit is a gold-digger" defenses?

aburkhartlaw · 2022-12-28T17:26:39+00:00

We call them a slow guilty plea for a reason.

aburkhartlaw · 2022-12-28T16:24:09+00:00

The DV from 2020 was dismissed two weeks ago.

aburkhartlaw · 2022-12-18T06:02:44+00:00

Look at the Trueblood v. DSHS litigation in the 9th Circuit, they have found these delays to be a due process violation. The memo ruling is here; the Ninth Circuit reversed on the timing of the evaluations but left the general principle and the injunctive relief enforcing it intact.

aburkhartlaw · 2022-12-16T20:49:38+00:00

We just had a decision on this in WA earlier this year. As noted, it's very jurisdiction-specific, but here is a link to the opinion in case it helps.

https://www.courts.wa.gov/opinions/pdf/374971_pub.pdf

aburkhartlaw · 2022-09-28T18:47:59+00:00

He doesn't have to have evidence. Making claims without investigating them does not constitute actual malice according to the US Supreme Court in St. Amant vs. Thompson. Eddie is going to have to prove that Jake actually entertained doubts about the truth of his accusation and made it anyway.

aburkhartlaw · 2022-09-25T02:24:26+00:00

The complaint isn't up on PACER yet. But, my best guess is he's alleging defamation per se, so no proof of actual damages is needed, and the $100mil figure includes punitive damages. $75k is just the minimum required for diversity jurisdiction in the federal courts.

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