A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Wyoming Harvey Waiver refers to a legal agreement that is frequently used in the state of Wyoming to release a party from liability for damages caused by inherent risks associated with certain activities. The waiver is named after the court case "Harvey v. Cody Country Chamber of Commerce," in which the Wyoming Supreme Court established its enforceability. This waiver is designed to protect businesses and individuals who offer recreational activities, such as skiing, horseback riding, zip-lining, and rock climbing, from unnecessary lawsuits arising from participants' voluntary engagement in these activities. It allows them to assume the inherent risks associated with such activities, freeing the service providers from legal responsibility should any injuries or accidents occur. One example of the Wyoming Harvey Waiver is the "Ski Area Liability Act Waiver." Ski resorts in Wyoming often require skiers to sign this specific waiver, acknowledging and assuming the risks inherent in skiing, such as falls, collisions, and unpredictable weather conditions. Another type of Wyoming Harvey Waiver is the "Ranch Activity Waiver." Ranches and horseback riding establishments use this waiver to protect themselves from liability related to horse riding accidents, such as falls, spooking, or unpredictable behavior of the animals. The enforceability of the Wyoming Harvey Waiver may vary based on the specific circumstances, language used, and the court's interpretation. It is important to note that while the waiver provides a level of protection, it does not exempt service providers from gross negligence or intentional misconduct. Overall, the Wyoming Harvey Waiver serves as a vital tool for businesses and individuals engaged in recreational activities in the state. By requiring participants to sign these waivers, they can continue to offer thrilling experiences while mitigating the potential legal risks associated with such activities.
