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Philip Douglas Cave

Philip Cave’s Answers

2,027 total

  • Plaintif calls witness after resting while defense case. Do they have to stipulate them as a rebuttal wittness on the record

    Plaintiff lawyer rested then in the middle of the defense's witness's questioning. While waiting for 2 months for the next Trial date the Plaintiff sends the Judge a Fax requesting an adjournment of trial date stating reason why is Their Princip...

    Philip’s Answer

    This is a court procedure question.
    You may get a better answer in the appeals area to see whether it might be a basis of appeal.
    You should consult with your lawyer or get one soon. Appeals have TIME DEADLINES that you may by missing or waiving by not acting now.
    Checking on AVVO for general responses isn't going to help comply with any appeal deadlines.

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  • I am looking for an attorney that is experienced in the appeal process for employment with the Chicago Police Deptartment

    I believe I am a well qualified candidate ( 4 years military experince, bachelors degree, fluently speaks a foreign language, and prior Military Police Officer). I was disqualified due to a couple misdemeanors and a one time sale of Marijuana in HS.

    Philip’s Answer

    It does not appear the decision is based on race, gender, or any of the other similar types of reasons.
    It appears that they have decided your otherwise good qualifications are outweighed by your prior criminal history. If that's the case, then it would appear to be a decision well within their rights.
    You certainly can do as Ms. Goldstein advises and checked on AVVO search to find an employment lawyer in your area who is familiar with police hiring and firing cases.

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  • My husband was denied his right to a fair trial

    The judge in my husbands attempted murder case would not allow evidence of third party culpability to be heard by the jury. This evidence we feel would have raised reasonable doubt as to my husbands guilt. The victim was shot on two seperate occas...

    Philip’s Answer

    As Ms. Bennet advises--get your lawyer to file a timely appeal.
    Asking the question here does not help and may delay timely action.

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  • Army regulations for Bah

    My ex husband I are recently divorced. It is currently his visitation window so he has our son, however the army is stating that my ex husband, who is a soldier, must obtain at least 51% custody of our son to receive BAH and housing. We have 50/50...

    Philip’s Answer

    1. Agree with the answers about anything in the regulation.

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  • What will result be if I don't disclose a HYTA case to the military?

    Several years ago I was the defendant in a case resolved under HYTA. Every once in a while I'm told that I shouldn't have to disclose a HYTA case to the military. Apparently, this has even been affirmed by a state attorney general. I am aware o...

    Philip’s Answer

    Mr. Early is correct about a security clearance. There are many skills or assignments in the military that require a clearance. And all officers must have one.
    Look at Sectuib 22 on the SF 86, application for clearance.

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  • My question is about the many versions of legal dictionaries...Black's, Bouvier's, etc.

    Out of all the versions of law dictionaries available from Black's to Bouvier's, from the early days to current, which are considered valid? Valid to the extent that one could actually stand on a definition in any court of law.

    Philip’s Answer

    I learned from Blacks in law school. So I consider that among the preeminent to follow. Over time other dictionaries have come out. None are "valid" in the sense of being binding on a court. Like any dictionary they have value in trying to explain a concept. That's not different than using the English Oxford vice Merriam-Webster. I even use the Urban Dictionary at times in briefs.

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  • What to do about being in the military and child visitation?

    I am currently in the US Army, stationed here at Fort Hood, Texas. I left Florida 3 years ago and went through a bad break up. The mother of my child is currently in Deltona, Florida. I never married her and we settled everything in mediation.(I t...

    Philip’s Answer

    You really should go to the Post legal assistance office.
    They can give you some initial help on ways to enforce your visitation.
    Do NOT stop making any support payments, that could lead to misconduct issues that you don't need on top of this.

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  • Still married but spouse left with no supports

    I'm married to an active duty soldier who's in transition leave and will be out of the Army for medical discharge in less two months. He's cheating on me while we are still married and has moved out of the house today. Our lease will be terminat...

    Philip’s Answer

    You could contact his command. They could try to assist you for the time he is still on active duty.
    It sounds like you should be discussing a legal separation with the legal assistance office on base. Until he is out you have that benefit. Once he's out you'll need to work with your own private attorney.
    These are also matters that might be worked out through an agreement.

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  • How can I amend an appellate brief to add a new issue after opinion has been handed down?

    Rule 38.7 allows you to amend a brief with a new issue, but is that the proper rule to use if the appellate court has already handed down its opinion? Or should I raise the issue under rule 49.1 in a motion for rehearing instead of rule 38.7 moti...

    Philip’s Answer

    Mr. Sherwood is giving you a good answer it appears based on Texas law..
    That would be the rule in most jurisdictions I either practice in or am familiar with.

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