statute of limitations

This episode of MACREADS.COM covers the United States Supreme Court's April 19, 2023, opinion in Reed v. Goertz.

Summary:  A capital defendant convicted in state court of murder sued the state prosecutor in federal court under 42 U.S.C. s. 1983 and argued that the claim was timely because he brought it within two years of a state appellate court ruling denying him relief and rehearing relating to post-conviction DNA evidence testing.  The prosecutor argued that the defendant's Section 1983 claim was not timely because the claim accrued when the trial court - not the appellate court - denied the defendant relief.  SCOTUS held that the statute of limitations for a Section 1983 procedural due process claim begins to run when the state litigation - including appellate proceedings - ends.

MACREADS.COM is a podcast that promotes access to justice by transforming curated United States Supreme Court opinions into immersive, on-demand audio experiences for lawyers and non-lawyers. In each episode, your narrator reads the primary text of a recent Supreme Court opinion, leaving out technical components that distract from the main story and analysis. Find us wherever you access your favorite podcasts.

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MACREADS.COM is a podcast that promotes access to justice by transforming curated United States Supreme Court opinions into immersive, on-demand audio experiences for lawyers and non-lawyers. In each episode, your narrator reads the primary text of a recent Supreme Court opinion, leaving out any technical components that distract from the main story and analysis. Find us wherever you access your favorite podcasts.

Visit us at https://www.macreads.com

Music licensed from PremiumBeat.com

Join the free MACREADS.COM Subscribers Group on LinkedIn at https://www.linkedin.com/groups/12877576/

Connect with the producer on LinkedIn at https://www.linkedin.com/in/macreads/

This episode of MACREADS.COM covers the United States Supreme Court's March 28, 2023, opinion in Wilkins v. United States.

Summary:  Montana property owners sued the United States under the Quiet Title Act, alleging that the Government's 1962 road easement on their property did not permit public access.  The Government successfully moved to dismiss for lack of subject-matter jurisdiction, arguing that the property owners' claim was barred by the Act's 12-year time bar. The intermediate appellate court affirmed.  SCOTUS held that the Act's 12-year provision was a nonjurisdictional claims-processing rule and, thus, reversed and remanded.

MACREADS.COM is a podcast that promotes access to justice by transforming curated United States Supreme Court opinions into immersive, on-demand audio experiences for lawyers and non-lawyers. In each episode, your narrator reads the primary text of a recent Supreme Court opinion, leaving out any technical components that distract from the main story and analysis. Find us wherever you access your favorite podcasts.

Visit us at https://www.macreads.com

Music licensed from PremiumBeat.com

Join the free MACREADS.COM Subscribers Group on LinkedIn at https://www.linkedin.com/groups/12877576/

Connect with the producer on LinkedIn at https://www.linkedin.com/in/macreads/

Joseph Scott Morgan and Dave Mack provide an update and captivating insights into the intricacies of the Gilgo Beach case, the suspect, Rex Heuermann, and the challenges faced by investigators. Speculations arise surrounding Heuermann’s behaviors and the possibilities of further crimes despite his hiatus. They examine the intricacies of the case, the perplexing behavior of serial perpetrators, and how a deep understanding of forensics can shine a light on the darkest of mysteries.

Time codes:

[00:00:20] Joseph Scott Morgan tells of Benjamin Parks' gold discovery in 1828, the biggest in America back then, likening the gold discovery to forensic investigation, where evidence demands meticulous searching.

[00:02:00] Introduction to the episode’s main topic: the enigmatic Gilgo Beach murders and revelations of recent court developments.

[00:03:20] Dave Mack outlines the consuming nature of the Gilgo Beach investigation.

[00:04:00] Career impacts and missed chances due to the case's complications are touched upon by Joe Scott.

[00:05:00] The hosts dive into Rex Heuermann's arrest, his closeness to the crime scene, and possible additional charges in connection to the Gilgo Beach murders.

[00:06:20] Discussion on the recent court hearing for Heuermann and the significant evidence passed to the defense team.

[00:08:11] Dave Mack reveals the vast manhours and resources put into the Gilgo Beach murder investigations and elucidates how Shannon Gilbert's separate case led to discovering the Gilgo Beach murders.

[00:10:20] Heuermann's knowledge of Long Island, especially the waterways, and its potential use in evading detection is debated.

[00:13:12] The late DNA cheek swab request from authorities becomes a point of intrigue.

[00:15:27] The communication between Rex Humerman and his wife post-arrest sparks speculation. Joseph Scott Morgan contemplates whether Rex might have brought a victim to his residence.

[00:17:20] Evidence removed from Hueurmann’s Long Island home indicates possible renovations as methods to conceal evidence.

[00:20:00] The challenges of investigating a cluttered crime scene are delved into. 

[00:23:07] The tragic victims involved in the case are introduced. Joe Scott speculates about the Gilgo victims' cause of death, the scarcity of physical evidence, and the puzzling behaviors of serial criminals.

[00:26:00] Dave Mack addresses the murder's ongoing investigation and the nonexistence of a statute of limitations. The perpetrator's potential pause in crimes is questioned.

See omnystudio.com/listener for privacy information.

It's time to walk through what various terms in criminal law actually mean. For example, "indicted" does not mean "guilty." So did Alvin Bragg commit a felony himself? Did he bring a fatally flawed indictment? What about those 34 Counts?

Weekly meetings between the FBI and Big Tech companies. The surging use of the FACE act against pro-lifers. Language manipulation. This week on the Pro-Life America podcast, we talk about the most used weapons of the left and what this means in a post Roe America.

Topics Discussed:

• Listener Question About Last Week’s Episode
• Email Issues and Tech Censorship
• Heidi Crowter makes BBC’s top 100 women list!
• The Associated Press tells journalists to avoid terms like “fetal heartbeat”
• DOJ Official admits targeting pro-lifers after Roe’s collapse

Links Mentioned:

• Video: It’s Not About The Nail
• FBI met weekly with Big Tech ahead of the 2020 election, agent testifies - Fox News
• Our Child Predator Investigation
• BBC 100 Women 2022: Who is on the list this year? - BBC News
• Associated Press rejects terms 'fetal heartbeat,' 'late-term abortion'; pro-lifers react - The Christian Post
• DOJ Official Admits Targeting Pro-Lifers Is Response to Overturn of Roe - Daily Signal
• Pro-Life America Podcast Episode 117: Tips EVERY Pro-Lifer Needs To Know In The Surge In Violence Against Pro-Lifers
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Brynn Marie is “co- player” of mine, by “co- player, I mean “co- worker” but we don’t work, we play and make our job fun! Just like our job, we have a lot of fun in this conversation!

Brynn is such a free spirited soul. She has her own podcast focusing on mindset, wellness and fitness and is a yoga + fitness instructor.

In this episode we talk about about:

• Trusting the journey to your life goals.
• The fun is in the journey.
• Finding different ways to get in touch with yourself.
• Not having control of the outcome but knowing how to control the solution.

FOLLOW BRYNN:

• INSTAGRAM
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If you enjoyed this episode, make sure and give us a five star rating  and leave us a review on iTunes, Podcast Addict, Podchaser and Castbox.

Let's Connect:

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In every state, the "statute of limitations" sets a limit on the amount of time a patient has to file a malpractice claim against a healthcare provider. If the plaintiff does not file a lawsuit within this deadline, they lose the right to sue for medical malpractice relating to the incident in question. There are, however, a few exceptions to this rule that are often missed by doctors. 

So today, we’re going to talk about TWO frequently overlooked items when it comes to malpractice statute of limitations and what you can do to ensure that you’re protected against claims for the long haul.

📖 For our blog on this topic, visit: https://www.aegismalpractice.com/malpractice-insights/2019/6/26/medical-malpractice-statute-of-limitations-2-frequently-overlooked-items

🩺 To watch our episode explaining TAIL INSURANCE, click here: https://youtu.be/hVAwirHxI1g

0:00 Intro
1:24 Statute of Limitations Variations
2:25 The Discovery Rule
4:13 The Minor Rule
5:34 What does this mean for me?
7:14 Let Aegis help!


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🎙🎥 Produced by Grip Media Indiana.  For more information on how Grip Media can help produce your podcast or video work, visit https://www.gripmediaindiana.com

**********Contact us!**********

📱💻 aegismalpractice.com
📞 888.51AEGIS [888.512.3447]

**********Follow us on Social Media**********

Facebook: https://www.facebook.com/AegisMalpractice/

Twitter: https://twitter.com/AegisMedMal

Instagram: https://www.instagram.com/aegismalpractice/

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Before we start, a warning: This episode discusses rape and might be disturbing for some listeners.

Kriti was raped regularly by her father and grandfather from the age of nine. When she was 15 she was finally able to report the violence at the police station in Dhulikhel, near Kathmandu. The legal term for rape in Nepali is a mouthful: ja-bar-jas-ti-ka-ra-ni. When a police officer, a woman, at the police station asked Kriti to recall the first time she was raped, she didn’t understand. She asked the officer what ‘jabarjasti karani’ meant. The woman in uniform scoffed, “If you don’t know what that means, why are you here?”

This shocking anecdote is told in an excellent article by Bhrikuti Rai about how the Nepal Police deals with rape cases. If you haven’t already read it, it provides painful insight into how victim-blaming adds insult to the injury suffered by rape survivors. The article was published in the Kathmandu Post on July 17, 2019. 

I referred to it because in today’s episode we discuss in detail recent updates to Nepal’s rape law. I think it’s important when we’re delving into such minutiae that we don’t forget the people whose lives are shattered by this horrendous crime. 

In the second half of 2020 numerous media reported about a disturbing rise in rape cases in the country. Activists hit the street to protest the violent crimes, and we devoted an episode to one such group. Early in 2021 the rape law was amended by a government ordinance, bypassing Parliament. We discussed its changes, and omissions, in an episode with lawyer Anita Thapaliya. And then last month, the ordinance lapsed because it hadn’t been approved by Parliament within the stipulated timeframe. The rape law reverted to the earlier version. 

What happens now? Please listen to my chat with Indu Tuladhar, Advocate and Executive Chair of Himal Innovative Development and Research, to find out. 

Let us know what you thought of this episode by connecting with the show on social media. We’re Nepal Now or Nepal Now pod, on Twitter, Instagram, Facebook and LinkedIn. 

If you’re listening to us on your website browser, did you know that you can subscribe to the show on most podcast apps, so you don’t miss an episode? These apps include Apple podcasts, Google podcasts, Stitcher, Radio Public, Spotify, PocketCasts, Player FM, and more. 

I’m Marty Logan. I produced this show, and I’ll talk to you again soon.

Resources

Bhrikuti Rai article in the Kathmandu Post

Himal Innovative Development and Research (Facebook page)

Nepal Now social links

Facebook

Instagram

Twitter

LinkedIn

Thanks as always to Nikunja Nepal for advice and inspiration.

Music: amaretto needs ice ... by urmymuse (c) copyright 2018 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license.  
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“Knowledge is not power, it is only potential. Applying that knowledge is power. Understanding why and when to apply that knowledge is wisdom!” - Takeda Shingen

So, let’s become wise!

When it comes to credit repair, knowing how to use the laws the right way is worth its weight in gold. 

If you know the laws, you will never need to guess what your next move is.

And you will always know exactly what you can do to be a Credit Hero and change a whole lot of lives!

This episode will reveal how easy it is to use the laws regulating access to credit reports and debt collection to your advantage.

If you tune in, you’ll find out how to use the FCRA and FDCPA, what credit/debt time clock means, and which law I used to help my client get a $60,000 debt deleted.

I’m glad to share my knowledge and help you start or grow your very own credit repair business.

Because I believe knowledge is power. 

And knowledge shared is power multiplied!

Then, let’s dive in!

Key Takeaways for This Week:

• Intro (00:00)
• Inspirational story: Miranda Dean Cole - three clients in three days (01:29)
• What you need to know (the bullet points) (02:23)
• The Fair Credit Reporting Act - FCRA (03:57)
• The Fair Debt Collection Practices Act - FDCPA (06:17)
• Statute of limitations - credit time clock (10:27)
• Debt time clock (14:29)
• Knowing when debts expire is very helpful (18:34)

Additional Resources:

- Get a free trial to Credit Repair Cloud

- Get my free credit repair training

Make sure to subscribe, so you stay up to date with our latest episodes!

The amount of time to claim an IRS refund, undergo an audit, or be pursued by collection agents is governed by the law. 

Don’t be SOL on your SOL by letting the time to file a lawsuit expire. Learn about the statute of limitations on civil cases in this week’s episode of Legal Squeaks.

Before we dive into today's episode, I wanted to take a moment to let you know about the FREE Journal to Your Purpose journal prompts that I've created just for you! It is a really great way to rediscover who you are, what makes you the unique creature you are, and how you can best serve the world around you.

It is comprised of 30 journal prompts with lines to write included to be used over 30 days. This journal will bring you so much clarity, alignment, and confidence in who you are! You can get it by going to www.mmstuartco.com.

Once you've completed the journal, please reach out to me and let me know how it helped you and what you discovered! I want to know what you're working on!

Today is a special, solemn episode. As you heard a couple months back, my episode with Titania Jordan of Bark regarding online predators really struck a cord with me. Well, today's episode is no different.

Today's guest is Rhonda Kuykendall and she is a triumphant woman! She has successfully lobbied the Texas Legislature to abolish the statute of limitations on child sexual assault back in 2007 and continues her work on the Board of Directors of Child Advocates of Fort Bend County as the chair of their Legislative Advocacy Team. She also chairs the FBC Human Trafficking Team. Her storied childhood and subsequent pursuit of her abuser's conviction led her to be the voice of those who have been silenced by sexual abuse and sex trafficking. Today, we get to hear her story.

Facebook: https://www.facebook.com/rhondakuy
Instagram: https://www.instagram.com/rhondakuy/
Books for children: https://www.amazon.com/hz/wishlist/ls/39YV6TCHP1ZZF?ref_=wl_share

 Find me: Take the Audacity Quotient quiz: http://bit.ly/audacityquotient Join the Facebook Community: https://www.facebook.com/groups/LivewithAudacityNow/ Find me on Instagram: https://www.instagram.com/livewithaudacitynow/

Hip-Hop explodes into the mainstream. The Zulu Nation’s Afrika Bambaataa and the Soul Sonic Force drop the hit record Planet Rock. Bambaataa also spends time with underage boys.

Voices in Order of Appearance:

• Kool DJ Dee, President of the First Division, First Chapter of the Black Spades
• Tyrone the Mixologist
• Chuck D, Public Enemy
• Daddy O, Stetsasonic
• Lord Jamar, Brand Nubian
• Afrika Islam, Zulu Kings
• Michael O’Keeffe, Journalist
• Troi “Star” Torrain, Broadcast Journalist
• Lord Shariyf, Bodyguard to Afrika Bambaataa
• Ronald Savage, met Bambaataa around 1979
• Number 4, met Bambaataa around 1977
• Number 5, met Bambaataa around 1982
• EJay, met Bambaataa around 1980

Host: Leila Wills

Episode 110: “Radically Vulnerable: Achieving Justice for Survivors.” The legal landscape has started to change for survivors of child sexual abuse. Are we headed in the right direction? And what do we need to do to keep more children safe? We talked to legal scholar Marci Hamilton from CHILD USA about the progress that’s been made—and what needs to happen next.

Topics in this episode:

·         Many adult survivors had no legal remedy. (1:39)

·         Statute of limitations (SOL) reform—and who opposes it. (4:35)

·         How do SOL windows work? (10:29)

·         Top public policy aims. (14:27)

·         How to help adult survivors. (17:45)

·         Youth sports and other fields where kids are radically vulnerable. (20:30)

·         Game Over Commission. (27:00)

·         Advice for institutions. (29:10)

·         What do we most need to understand? (31:33)

·         Our next episode topic. (32:42)

Links:

Prof. Marci A. Hamilton at the University of Pennsylvania is the founder, CEO, and academic director of CHILD USA, a nonprofit academic think tank. She is the author of Justice Denied: What America Must Do to Protect Its Children.

The Boston Globe Spotlight report on clergy sex abuse (2002).

Catholic Charities.

New York’s Child Victims Act took effect on August 14, 2019.

childusa.org/law has information on child protection laws across the United States.

Child Welfare Information Gateway information on mandated reporting.

New York Survivor Tool Kit.

Game Over Commission.

Leaving Neverland documentary.

At the Heart of Gold: Inside the USA Gymnastics Scandal.

U.S. Center for SafeSport.

Dr. Earl Bradley, former pediatrician and convicted child molester.

Studies from Michigan State University, the U.S. Olympic Committee, and Congress (“The Courage of Survivors” Senate Olympics Investigation, July 30, 2019).

David Corwin, MD, professor at the University of Utah.

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No part of this recording should be considered legal advice.
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