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Blog Party: Share Your Blog Here, May 2019 via Learn Fun Facts

Growing a blog isn’t simple. It takes time, patience, and dedication before others would begin to notice your blog. While I can’t offer you a magic formula that would increase your blog’s popularity overnight, I can at least help you to promote your blog and find new readers. Here’s what you’ll need to […]

via Learn Fun Facts’ Blog Party: Share Your Blog Here, May 2019 — Learn Fun Facts

Payless ShoeSource expected to close all of its U.S. locations as part of largest retail liquidation – MarketWatch

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WATCH | Payless experiment shows people will pay more for brand name

Payless ShoeSource is shuttering all of its 2,100 remaining stores in the U.S. and Puerto Rico, joining a list of iconic names like Toys R Us and Bon-Ton that have closed down in the last year.

The Topeka, Kansas-based chain said Friday it will hold liquidation sales starting Sunday and wind down its e-commerce operations. All of the stores will remain open until at least the end of March and the majority will remain open until May.

The debt-burdened chain filed for Chapter 11 bankruptcy protection in April 2017, closing hundreds of stores as part of its reorganization.

At the time, it had over 4,400 stores in more than 30 countries. It remerged from restructuring four months later with about 3,500 stores and eliminated more than $435 million in debt.

The company, founded in 1956, said that the liquidation doesn’t affect its company’s franchise operations or its Latin American stores, which remain open for business as usual. It lists 18,000 employees worldwide.

Shoppers are increasingly shifting their buying online or heading to discount stores like T.J. Maxx to grab deals on name-brand shoes. That shift has hurt traditional retailers, even low-price outlets like Payless. Heavy debt loads have also handcuffed retailers, leaving them less flexible to invest in their businesses.

But bankruptcies and store closures will continue through 2019 so there’s “no light at the end of the tunnel,” according to a report by Coresight Research.

Before this announcement, there have been 2,187 U.S. store closing announcements this year, with Gymboree and Ascena Retail, the parent of Lane Bryant and other brands, accounting for more than half the total, according to the research firm. This year’s total is up 23 percent from the 1,776 announcements a year ago. Year-to-date, retailers have announced 1,411 store openings, offsetting 65 percent of store closures, it said.

Google News

Payless ShoeSource expected to close all of its U.S. locations as part of largest retail liquidation

Payless ShoeSource will close all of its approximately 2,100 stores in the U.S. and Puerto Rico as part of the largest retail liquidation ever, the Wall Street …

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Should Witness ‘Flipping’ Be Illegal? — via Timothy T. Brock

FindLaw Blotter - The FindLaw Crime and Criminals Blog

 

Should Witness ‘Flipping’ Be Illegal?

Even if you’re not a criminal defense attorney, watching a couple episodes of “Law and Order” will probably introduce you to the concept of police and prosecutors going after “small fish” in order to get the “big fish,” criminally speaking. This process involves lower level suspects or defendants exchanging testimony against higher level targets for lighter sentences or immunity.

The practice of flipping has become especially prominent in the investigation headed Robert Mueller looking into possible collusion between Russia and the Donald Trump presidential campaign. In fact, in the wake of news that Trump longtime lawyer and “fixer” Michael Cohen would be cooperating with federal prosecutors, the president decried the practice of witness flipping, claimed it encourages criminal defendants to unfairly “make up stories,” and asserted that “it almost ought to be illegal.”

Flipping may have its issues, but should it be outlawed?

The Force of Flipping

Much of the incentive to cooperate with law enforcement comes from the amount of power and discretion prosecutors have in determining both criminal charges and the possible sentences for convictions or guilty pleas. As criminal defense attorney Ken White pointed out at the Washington Post, “Federal prosecutors could flip Cohen because they had broad discretion to charge him with dozens of crimes or none; they alone decided how sweet a deal to offer and how ugly the alternative was.”

When faced with myriad possible criminal charges and years or decades behind bars (not to mention days and nights in jail until their case is resolved), defendants often feel they have little option but to give prosecutors any information they can, even if that information isn’t always accurate.

It doesn’t help that many of those targeted for flipping lack the financial resources to mount an adequate defense, and public defenders, too, are often underfunded and overworked. The choice of whether to flip or stay quiet and fight criminal charges is, more often than not, no choice at all.

Running on Flipping and Reform

“The criminal justice system,” White asserts, “runs on flipping defendants. If we want fairness for both the cooperating defendants and the people they implicate — if we want faith in the results — we need serious reform.”

Reform will almost certainly not include President Trump’s suggestion that flipping be outlawed, better funding for criminal defense and more transparency and consistency in charging and sentencing can be positive steps to, if not eliminating flipping, ensuring fairness for both those offering evidence against other criminal targets and those against whom that evidence will be used.

Related Resources:

via Should Witness ‘Flipping’ Be Illegal? — timothytbrock

Inspirational Quote of the Day

Wikipedia Pericles (/ˈpɛrɪkliːz/; Greek: Περικλῆς Periklēs, pronounced [pe.ri.klɛ̂ːs] in Classical Attic; c. 495 – 429 BC) was a prominent and influential Greek statesman, orator and general of Athens during the Golden Age—specifically the time between the Persian and Peloponnesian wars. He was descended, through his mother, from the powerful and historically influential Alcmaeonid family. Pericles […]

via Inspirational Quote of the Day: Pericles on the Secret to Happiness — saboteur365

Moira Grigor – How the Legal Profession Can Make a Difference in the Community

Moira Grigor

Moira Grigor is a talented lawyer who has several years’ experience in legal matters. She holds a Master’s Degree in Criminal Law and Criminal Justice from Birmingham Law School, University of Birmingham. After graduating from law school, she worked at one of the most prestigious law firms in the city. Moira Grigor is the founder of MG Law Firm and together with her associates regularly help in community-related events. If you are in the legal profession, you might want to use these tips to make a difference in the local community.

Moira Grigor Moira Grigor

Host a Charity Event

There are several ways you can boost your presence as a legal professional in your local community. Most communities regularly organise fundraising events to raise up much-needed funds to support a project, and as a lawyer you can play and integral part in raising funds for the community. Working with a local community…

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32 of lawyers’ most common fears

Does your law practice make you fearful? You are not alone, according to John Lande, an emeritus professor of law at the University of Missouri. Some of lawyers’ most common fears include: Featured imageconflicto-de-intereses4-250x306

• Feeling that their offices or cases are out of control.

• Changing familiar procedures.

• Looking foolish by asking certain questions.

• Candidly expressing their thoughts and feelings.

• Giving clients “bad news.”

• Being intimidated by superiors in their firm.

• Asking for favors from their counterparts in a case or being asked for favors by their counterparts.

• Seeming “too nice.”

• Being blamed.

• Speaking in public.

• Lacking skill and confidence due to limited trial experience.

• Clients giving false testimony.

• Failing to locate “the smoking gun.”

• Harming their clients’ interests.

• Being attacked or outsmarted by counterparts.

• Being judged unfairly by potential or actual jurors.

• Being intimidated by judges.

• Suffering reprisals from judicial disqualification motions or reporting judicial misconduct.

• Suffering “the pain, humiliation and shame of defeat.”

NEGOTIATION NERVES

It’s not just litigation that can induce fear; negotiation does too. According to John Lande’s research, these are some of lawyers’ top fears about negotiation:

• Insecurity about their negotiation skills or preparation.

• Asking questions.

• Being questioned aggressively by their counterparts.

• Looking foolish.

• Silence.

• Appearing weak.

• Being dominated or exploited by their counterparts.

• Disclosing information that may harm their clients’ position.

• Making tactical errors.

• Incorrectly valuing cases.

• Failing to anticipate possible problems.

• Failing to reach an agreement.

• Not getting a good enough result for clients.

Related article:

ABA Journal: “How lawyers can turn fear into an ally”

via abajournal.com

Judicial Training Updates

TRAINING UPDATE 11-11 via: Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309

QUESTION: What Are the Most Common Judicial Triggers for Appeals and Remands? Do you ever wonder what your colleagues around the state are doing (or not doing) that tend to statistically trigger appeals and remands? Regardless of merit, certain judicial actions carry a high probability of triggering an appeal, a remand, or both. For Example:

The Most Common Judicial Appeal Triggers Broken Down Into Two Categories: AFFIRMATIVE JUDICIAL ACTS: 2 PRIMARY TRIGGERS:

1) SUMMARY JUDGMENT: Making findings of fact on disputed material issues on Summary Judgment. This also includes resolving credibility questions, drawing inferences, and assessing the weight of the evidence. These are all matters for the trier of fact and should not be addressed by the Court on Summary Judgment. See M.R.Civ.P. 56;

2) PLEA NEGOTIATIONS: Excessive Involvement In Criminal Plea Negotiations. a) Appellate courts recognize that judges have a delicate role in plea negotiations and necessarily play a part in any negotiated guilty plea. However, there are two basic guidelines that control the extent of Court involvement: i) The Court’s role in plea negotiations is not to “usurp the responsibility of counsel or become excessively involved in plea negotiations.” Anytime the Court improperly injects itself into plea negotiations the guilty plea is per se invalid. ii) The Court may not offer or promise the defendant an anticipated sentence that is not part of an existing agreement between the defendant and the prosecutor. State v. Anyanwu, 681 N.W.2d 411 (Minn. App. 2004); State v. Melde, A09-1050, Minn.Ct.App. Feb 22, 201 MINNESOTA JUDICIAL TRAINING UPDATE APPEALS & REMANDS – 10 COMMON TRIGGERS June 9, 2011 TRAINING UPDATE 11-11 Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309 JUDICIAL OMISSIONS: 8 PRIMARY TRIGGERS:

3) MOTIONS AND ARGUMENTS: FAILURE TO ACKNOWLEDGE AND DECIDE ALL ISSUES RAISED IN MOTIONS AND ARGUMENTS. If you choose NOT to decide an issue you should, at a minimum, provide an explanation (even a brief one) as to why the matter is not being decided, or need not be decided (e.g., some other issue in the case is fully dispositive of the action). For example: a) State v. Jones, 772 N.W.2d 496, 508 (Minn. 2009) Noting that defendant’s application for counsel was denied, but there were neither findings nor any explanation on the record as to the “reasons for denying the application,” which made it “impossible to apply an abuse-of-discretion standard of review of the Court’s denial.” b) In re Estate of Eckley, 780 N.W.2d 407, 414-15 (Minn. App. 2010) Case remanded because Judge failed to consider specific arguments clearly made by the parties. c) State v. Stanke, 764 N.W.2d 824, 828 (Minn. 2009) Failure to address severe aggravating factors in sentencing ordinarily results in a remand to the District Court.

4) FAILURE TO MAKE SPECIFIC ESSENTIAL FINDINGS OF FACT: a) This problem recurs with the Austin factors in probation revocations, attorneys’ fees, juvenile and TPR cases, civil commitments, marriage dissolution and child custody matters.

5) FAILURE TO RESOLVE CREDIBILITY CONFLICTS IN EVIDENCE AFTER A TRIAL: a) Avoid “findings” that simply describe what the conflicting testimony was without resolving the conflict. b) The Court may make specific credibility findings (although these are not required), or it may simply indicate which version it found persuasive. No special wording is required as long as the Court can get beyond the descriptive and into the evaluative. June 9, 2011 TRAINING UPDATE 11-11 Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309

6) LOTHENBACH TRIALS AND STIPULATED CRIMINAL COURT TRIALS: Failure to obtain Defendant’s personal waiver of the right to a jury trial and all other trial rights under Minn. R. Crim. P. 26.01, subds. 3 and 4.

7) CRIMINAL TRIALS IN GENERAL: Failure to obtain Defendant’s personal waiver of jury trial (for court trials), the right to counsel (for pro-se defendants), and the right not to testify (for any trial where defendant decides to testify).

8) RULE 15 GUILTY-PLEA ADVISORY: Failure to follow the requirements of guiltyplea advisories under Rule 15.01 (felonies and gross misdemeanors) and Rule 15.02 (misdemeanors).

9) SPREIGL (Bad Acts) AND JONES (Impeachment) FACTORS – FINDINGS: Failure to make specific “findings” to support your ruling. Although there is no absolute requirement that specific “findings” be made on these issues, at least some disclosure that the court has considered and weighed the components of those issues would help obviate appeals. However, making specific “findings” is recommended as a Judicial Best Practice.

10) SENTENCING: Failure to be specific at sentencing and, in the judgment of conviction, as to the disposition of counts in which no sentence is imposed. NOTE: Paying particular attention to the 10 Judicial Triggers identified above could substantially reduce the risk of appeal or remand in your cases. Although avoiding these 10 Judicial Triggers are ultimately the responsibility of the trial judge, you are encouraged to enlist the aid of competent counsel in ensuring that “all bases are covered.” SOURCE: This update is based on and contains excerpts from an article written by Justice Gordon Shumaker, Minnesota Court of Appeals, entitled: “Appeal-Triggers and Remand Issues: A List

via: Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309

View PDF: https://blogpendleton.files.wordpress.com/2014/06/pendleton11-11-appeals_and_remands.pdf