Sentences with phrase «as the trial judge stated»

As the trial judge himself stated, he certainly thought Smith retained the right to marry after his guardianship ruling.

As the trial judge stated: «Mr. Richer admitted that the duties he was bound to observe as a professional driver applied on the night of the collision.

Not exact matches

It would allow victims to bypass the prosecution and petition judges for hasty trials, as well as set arbitrary limits on the time to complete a state - level appeal.

«The criminal assault trial of Kevin S. Parker, a state senator from central Brooklyn, was thrown into turmoil on Thursday, as a judge granted the Brooklyn district attorney's office's request to have two special prosecutors appointed — one who would take over the case, and another who would investigate possible improprieties by an assistant district attorney.

As if to illustrate the findings of the State Integrity Investigation, the federal corruption trial of former state Senator Pedro Espada, Jr., continued this week, with Judge Frederic Block excoriating Espada's attorney for using questionable courtroom tactics, and with Espada characterized during trial as a «puppet master» for his alleged embezzlement of funds from the Soundview Healthcare NetworAs if to illustrate the findings of the State Integrity Investigation, the federal corruption trial of former state Senator Pedro Espada, Jr., continued this week, with Judge Frederic Block excoriating Espada's attorney for using questionable courtroom tactics, and with Espada characterized during trial as a «puppet master» for his alleged embezzlement of funds from the Soundview Healthcare NetState Integrity Investigation, the federal corruption trial of former state Senator Pedro Espada, Jr., continued this week, with Judge Frederic Block excoriating Espada's attorney for using questionable courtroom tactics, and with Espada characterized during trial as a «puppet master» for his alleged embezzlement of funds from the Soundview Healthcare Netstate Senator Pedro Espada, Jr., continued this week, with Judge Frederic Block excoriating Espada's attorney for using questionable courtroom tactics, and with Espada characterized during trial as a «puppet master» for his alleged embezzlement of funds from the Soundview Healthcare Networas a «puppet master» for his alleged embezzlement of funds from the Soundview Healthcare Network.

Updated 3:26 p.m. The criminal assault trial of Kevin S. Parker, a state senator from central Brooklyn, was thrown into turmoil on Thursday, as a judge granted the Brooklyn district attorney's office's request to have two special prosecutors appointed — one who would take over the case, and another who would investigate possible improprieties by an assistant district attorney not directly involved in the proceeding.

«I have also petitioned the National Judicial Council, NJC over the conduct of the trial judge, Who doubles as the, Chief Judge of the state for her obvious bias against me stemming from her utterances in the open cjudge, Who doubles as the, Chief Judge of the state for her obvious bias against me stemming from her utterances in the open cJudge of the state for her obvious bias against me stemming from her utterances in the open court.

At noon, federal and state judges, lawyers and journalists explore the interplay of First Amendment rights when attending and reporting on criminal trials as well as the Sixth Amendment right to a fair trial, New York State Bar Association, 1 Elk St., Alstate judges, lawyers and journalists explore the interplay of First Amendment rights when attending and reporting on criminal trials as well as the Sixth Amendment right to a fair trial, New York State Bar Association, 1 Elk St., AlState Bar Association, 1 Elk St., Albany.

In 2006, every single MP in the government voted in favour of the exact amendments that are once again being called for: that the United States should have to produce evidence in support of its extradition requests - as it is happy to do for almost every other country on the planet - and that a judge here should be able to take a view on whether a trial might best be heard here or in the US.

The other nominees are: Michael Diedreich, an attorney from Rockland County; Jose Fernandez, a former assistant secretary of State in the Obama administration who current practices at Gibson Dunn; Nicole Gueron, whose experience includes a stint as deputy trial counsel in the attorney general's office during Cuomo's tenure in the post; Doris Ling - Cohan, a state Supreme Court judge in New York County; former New York City Civilian Complaint Review Board executive director Mina Quinto Malik; Buffalo attorney Jennifer Stergion; and Alex Zapesochny, who appears to be the founder of a Rochester biotech comState in the Obama administration who current practices at Gibson Dunn; Nicole Gueron, whose experience includes a stint as deputy trial counsel in the attorney general's office during Cuomo's tenure in the post; Doris Ling - Cohan, a state Supreme Court judge in New York County; former New York City Civilian Complaint Review Board executive director Mina Quinto Malik; Buffalo attorney Jennifer Stergion; and Alex Zapesochny, who appears to be the founder of a Rochester biotech comstate Supreme Court judge in New York County; former New York City Civilian Complaint Review Board executive director Mina Quinto Malik; Buffalo attorney Jennifer Stergion; and Alex Zapesochny, who appears to be the founder of a Rochester biotech company.

For the years before being elevated to the federal bench in 2015, Donnelly served as a state judge in New York, presiding over many criminal trials.

In the newly reconstituted Scientific Responsibility, Human Rights, and Law Program, the missions of the CSFR and NCLS continue to complement one another as staff pursue projects such as continuing seminars for judges on neuroscience and the law, personalized medicine, the state and future of clinical trials, advocacy in science, understanding responsible research practices in changing research environments, and joint AAAS - China Association of Science and Technology workshops on science and ethics.

«This trial moves the field forward in that ACC / AHA guidelines state that TAVR is a reasonable alternative to surgical valve replacement in high - risk patients, as judged appropriate by the heart team,» he said.

In 1984, after a «tortuous» seven - year discovery process and a six - month trial, Judge Clark dismissed all the defendants except the state of Missouri, and «realigned» the KCMSD as a defendant along with the state.

Nearly two years after the trial in Vergara v. California first began, the case is set to move forward as judges from a state appeals court hear arguments Feb. 25.

As defendants in the Vergara trial were asking the court to dismiss the case, attorneys for the state's two biggest teachers union met with reporters outside the courthouse to offer a preview of arguments they intend to make if the judge denies their request, and the trial resumes next month with witnesses for the defense.

Three committees, working closely with the Board of Directors, are responsible for scheduling and coordinating sanctioned trials throughout the country, establishing and maintaining a Trial Packet designed to guide the operation of sanctioned working and conformation judges, organizing and maintaining a state representatives program, implementing and maintaining guidelines for breeders, executing the JRTCA National, and handling other operational aspects of the Club as needed.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkAS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Ystate courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YState of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YState of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YState of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YState of New York).

/ ~ pion dog or bitch in the United States, The only restriction on contestants for ~ the title being that they must have previously placed first, second, third or fourth during the calendar year, in a Trial for the breed in this country where championship points are awarded, It is the purpose of this Trial to determine the best Springer of the year under the usual and customary trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing Trial for the breed in this country where championship points are awarded, It is the purpose of this Trial to determine the best Springer of the year under the usual and customary trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing Trial to determine the best Springer of the year under the usual and customary trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing dogs.

[170]... where the trial judge finds that representation of an accused by counsel is essential to a fair trial, the accused, as previously indicated, has a constitutional right to be provided with counsel at the expense of the state if he or she lacks the means to employ one.

In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resuTrial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resutrial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resutrial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resuTrial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

A former Chair of the Construction Law Section of the Arizona Bar Association, former Legal Counsel to the Arizona Subcontractor's Association, a former Member of the Arizona State Board of Technical Registration, contributor to the Arizona Construction Law Practice Manual (2nd and 3rd Editions), and frequent speaker, Julianne earned an AV Rating with Martindale Hubbell, served as a faculty member of the Arizona Trial College, and is a Judge Pro Tem with the Maricopa County Superior Court (2017 - 18).

This marks the second effort in the last several years to have intermediate appellate court judges sit as trial judges; Michigan made a similar move in 2013 when it made specially designated judges of that state's Court of Appeals into the state's Court of Claims.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&rJudge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&rjudge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»

Washington State: Plan for special Tax Division of the Court of Appeals advances 4 - 3; second state to consider Court of Appeals judges to also sit as trial jState: Plan for special Tax Division of the Court of Appeals advances 4 - 3; second state to consider Court of Appeals judges to also sit as trial jstate to consider Court of Appeals judges to also sit as trial judges

(3) When the request relates to a person who has not yet been convicted, it must also be accompanied by a warrant of arrest issued by a judge or other judicial officer of the requesting State and by such evidence as, according to the laws of the requested State, would justify his arrest and committal for trial if the offense had been committed there, including evidence proving the person requested is the person to whom the warrant of arrest refers.

He has written legal education materials on business valuation, tax, child support, executive compensation, equitable distribution and marital settlement agreements and is frequently selected as a speaker for the Pennsylvania Conference of State Trial Judges.

The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all issues save costs before a trial or where a trial is incomplete, the court should not, save in a reasonably obvious case, embark on making an order for costs because the court will have no proper basis of agreed or determined facts upon which to base its decision.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

Our forensics practice has lead internal and external forensic engagements in the U.S. and abroad for global companies, government, and international non-profits, served as forensic expert witness in hundreds of trials, and appointed by federal and state court judges as forensic neutrals.

Several committee members cited to trial judges, who are elected in the state in nonpartisan races, as «accountable» and specified that they did not want term limits applied to trial court judges.

Mike also serves as a Board Director of the New York State Academy of Trial Lawyers (a group of New York State trial lawyers and judges working to protect, preserve and enhance the civil justice sysTrial Lawyers (a group of New York State trial lawyers and judges working to protect, preserve and enhance the civil justice systrial lawyers and judges working to protect, preserve and enhance the civil justice system).

While the majority did not say «logically and reasonably» as did Fish J, I think we should assume that that is what they meant by stating that the trial judge's decision «was reasonable and was supported by the evidence» (my emphasis).

These statements are seriously problematic because, as you also state, ethical behaviour of the jury «requires the juror to impartially and fairly assess the evidence respecting the law as set out by the trial judge».

I also like the commentary because it has me thinking about the possible virtues and potential impact of an O'Connor replacement who has some experience as a sentencing judge (although, interestingly, very few of the «short - list» names bandied about by the press have experience as a federal or state trial judge).

Before the trial judge, O'Hara's attorney stated by affidavit and testimony (based upon such time records as he had kept) that he had expended about 183 1/2 hours on the case.

Many states have established what is known as «drug court» programs charged with serious drug offences under the supervision of a judge who aim to rehabilitate the accused (usually are repeat offenders) instead of taking the case to trial.

The trial Judge in Archer in asking that the accused follow the rule stated in Smith referred to it as the «settled practice» (transcript of evidence, p. 241).

This will allow Ravel's court, judge and case analytics to be used within Advance, and will extend the reach of those analytics to a broader selection of state, as well as federal, trial courts.

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

Our conclusion that the record does not support the contention that the students» cheering, clapping and singing constituted a breach of the peace is confirmed by the fact that these were not relied on as a basis for conviction by the trial judge, who, rather, stated as his reason for convicting Cox of disturbing the peace that

After graduating from law school, Mr. Stephenson practiced as a prosecutor here in Pensacola for the Office of State Attorney, 1st Judicial Circuit, where he tried approximately fifteen jury trials and five judge trials in one year.

Prior thereto, David served on active duty in the United States Navy as a Judge Advocate where he tried misdemeanor and felony level criminal cases as a prosecutor and defended the Department of the Navy in complex civil cases in trial and appellate courts across the country.

After graduation from the University of Oregon School of Law, where he tried his first case as a student with the local Public Defender, he was awarded a judicial clerkship with a state trial court judge.

He has served as treasurer for Congressman John J. Duncan, Jr., and various state trial judges.

From 2008 to 2011, he volunteered as a Scoring Judge for the Florida High School Mock Trial State Finals Competition.

Mr. Hilton began his law practice in 1983 as a trial lawyer in the United States Army Judge Advocate General's Corps.

While attending law school, she first - chaired felony jury trials to verdict as a Rule 16 Trial Attorney for the State's Attorney's Office of Prince George's County, Maryland and was a Judicial Intern for both the Honorable Wendell P. Gardner, Jr., Associate Judge for the Superior Court of the District of Columbia, and the Honorable Kiyo A. Matsumoto, United States District Court Judge for the Eastern District of New York.