Sentences with phrase «by jury in all cases»

Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.

Not exact matches

It appears none of Shkreli's hedge fund investors actually lost money in the end, but he was so widely reviled by the time of his trial that it was difficult to find an unbiased jury to hear the case.
In March, two judges ruled Liss - Riordan's Uber and Lyft cases will go to a trial by jury.
The Village Voice would have been equally offensive to a jury in Tampa [where the case was tried] 40 years ago, but it would not have been read by people on a Tampa jury.
I wouldn't say that a finding by the jury of infringement in this case is going to open up the door to a lot more similar cases being filed against Led Zeppelin per se.
Coinbase has lost another appeal in a case brought by former customers of the defunct exchange Cryptsy, and the case will now proceed to a jury trial.
Coinbase has lost another appeal in a lawsuit brought by former customers of the defunct cryptocurrency exchange Cryptsy, and the case will now proceed to a jury trial.
For the last several years, Mr. Denton has been the target of a lawsuit brought by the wrestler Hulk Hogan in the now - infamous defamation case over Gawker's publication of a sex tape — an editorial choice that recently resulted in a $ 140 million jury award to Mr. Hogan.
All of the clergy in the courtroom project have agreed to support the jury's verdict in the racially - charged case, which sparked large rallies and marches led by civil rights figures like the Rev. Al Sharpton and Jesse Jackson.
John Kennedy repeatedly appointed segregationist judges to the federal bench in the South, and the civil rights case that Robert Kennedy most vigorously prosecuted involved charges brought against Albany, Georgia, activists for violating the rights of a white storeowner by boycotting his business because he had served on a jury that cleared the sheriff who had shot a black man three times in the neck at point - blank range.
But you are correct that the actual case / crime only entails the actual struggle, and by that point it was just two dumb - dumbs in a fight, and the lack of evidence is what really made acquittal the only choice for the jury.
The jury must determine whether the facts of the case as established by testimony in court fit the legal definition of the offense with which the defendant is charged — a definition likely to be complicated at best, incomprehensible at worst.
«I think [Skelos lawyer Alexandra Shapiro] is right that in the instructions I gave the jury and in arguments made by counsel to the jury, there is a danger that the jury decided the case based on a rationale that may be rejected by the Supreme Court,» Wood said.
In its decision regarding Silver's case, the appeals court ruled in 2017 that the definition of official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of the laIn its decision regarding Silver's case, the appeals court ruled in 2017 that the definition of official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of the lain 2017 that the definition of official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of the law.
In both cases, neither officer was ultimately indicted by a grand jury.
The case, now being deliberated by a jury, is one of the first major public corruption trials in New York since a landmark 2016 Supreme Court ruling significantly narrowed the definition of what actually constitutes public corruption.
Honest Service fraud statutes were questioned by the courts previously, and prior to deliberations in the Silver case, attorneys for Silver argued that the jury instructions would unfairly guarantee a conviction.
The state's top judge on Tuesday called for a package of reforms to the legal system's grand jury process, including transparency in cases involving deaths of civilians caused by police officers.
«All those who have had any involvement in this case, including the jury and the judge, have, however, been prepared to recognise that here was an exemplary teacher, in a fragile mental state, brought to breaking point by a number of critical failures on the part of his employer.
Mr. Thompson is now in the spotlight after grand juries failed to indict police in the cases of Garner and Michael Brown in Ferguson, Mo. because he empaneled a grand jury to decide whether a unarmed Brooklyn man shot to death by a police officer last month should be indicted.
«While this case has been highlighted in the press, the public is served by allowing this matter to be tried and decided by a jury,» Pulver wrote.
Government lawyers, led by Carrie Heather Cohen, argued that the office's conduct was standard for high - profile cases, and that there «was certainly no prejudice in the grand jury proceedings.»
Another judge, Joan Madden, consolidated unrelated asbestos cases, which resulted in huge increases in jury verdicts — from an average of $ 7 million to $ 24 million per plaintiff between 2010 and 2014, data collected by Bates White Economic Consulting show.
The lawyers filed a motion to dismiss the charges — which allege Silver lined his pockets with nearly $ 4 million in bribes and kickbacks in a stunning abuse of power dating to at least 2000 — claiming public statements that Manhattan US Attorney Preet Bharara made about the case «caused irreparable harm by tainting» the grand jury that indicted him on Feb. 19.
Tom Libous, one of the state's most prominent and powerful Republican lawmakers in the Senate, has been found guilty by jury of lying to federal agents in a case stemming from his son receiving a job at a politically connected law firm in Westchester County.
A state appeals court has granted a request by NYC Public Advocate Tish James and others to reconsider whether the grand jury proceedings in the case of Eric Garner should be made public.
Mount Vernon Mayor Richard Thomas has been indicted by a grand jury on charges he misused campaign funds — a day after he claimed the acting attorney general had no authority in the case.
Among those discussed is allowing the release of evidence and testimony heard by a grand jury in cases where a civilian is killed by police.
On Monday, the top cop was splattered with red paint by Diego Ibañez, who was demonstrating against the grand - jury decision in the Michael Brown case.
The Times Union has reported that, under the current administration, cops in Rensselaer County «are not happy» about the number of felony cases that have been dismissed by courts for not being presented to a grand jury in a timely manner.
«The question in these difficult cases is not whether a local prosecutor, including one with understandably close ties to his or her fellow local law enforcement officers, is capable of setting aside any personal biases in deciding whether to, or how vigorously, to pursue the case,» Schneiderman wrote, adding, «the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury
The petition by Abelove was thrown out and he was later indicted by Schneiderman's office on charges that he lied to a grand jury about his handling of a fatal police shooting case in the city of Troy.
Ultimately, the decision not to seek charges was made by the federal prosecutors themselves — the case was never presented to a grand juryin light of the challenges of proving such a case.
Jan. 17: Jury selection before Pulver begins in the case against McDonough, represented by attorney Brian Premo, and LoPorto, represented by Michael Feit.
that, under the current administration, cops in Rensselaer County «are not happy» about the number of felony cases that have been dismissed by courts for not being presented to a grand jury in a timely manner.
The 2nd Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential rulings in other cases prior to the Supreme Court decision in the McDonnell case.
The attorney general's probe marks the first grand jury investigation of a sitting district attorney by Schneiderman's office since Gov. Andrew Cuomo signed an executive order in 2015 giving Schneiderman authority to intervene in cases in which unarmed civilians are killed during confrontations with police.
In Bruno's case, the appeals court allowed for a retrial, but Bruno was ultimately acquitted by a jury in 2014, and subsequently won a reimbursement of $ 1.8 million in legal fees from the statIn Bruno's case, the appeals court allowed for a retrial, but Bruno was ultimately acquitted by a jury in 2014, and subsequently won a reimbursement of $ 1.8 million in legal fees from the statin 2014, and subsequently won a reimbursement of $ 1.8 million in legal fees from the statin legal fees from the state.
Matthew Smalls, a Staten Island lawyer, said months ago that he would run, in the wake of the Eric Garner casein which a grand jury impaneled by Mr. Donovan opted not to indict a white police officer in the unarmed black man's death.
The unusual confrontation took place after Schneiderman's office accused Abelove of doing an «end run» around the governor's executive order by quickly putting the shooting case in front a grand jury, which cleared the officer who fired the shots less than a week after the incident.
«Rather, the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury,» he added.
Bronx District Attorney Robert Johnson told Malcolm in June that he would re-present the case to a grand jury by mid-summer.
Haste, who was indicted by a grand jury but had the case tossed out because of improper jury instructions from the Bronx District Attorney's Office, said he believed Graham had a gun in his possession at the time.
Lawyers for Sheldon Silver asked the judge to acquit him of all charges even before his case goes to the jury in his corruption trial, in a motion that is routinely filed by defense lawyers after the government rests its case.
THE BRONX — Bronx District Attorney Robert Johnson told the mother of Ramarley Graham, the unarmed 18 - year - old shot and killed in his home by police, that his office would convene a new grand jury in her son's case by mid-summer.
Kiehl was hired by the defense to assess Dugan with the PCL - R and a brain scan, to convince the jury that the convict with an IQ of 140 had a neurological disorder that made him not criminally responsible, as is already the case for people with low IQ (a neurological disorder that qualifies for ineligibility for execution in nine states).
Most judges and juries are not persuaded by neurobiological evidence used to argue that a defendant was not fully responsible for his or her actions, as in Gunther's case, the analysis found.
Language: English Genre: Drama MPAA rating: PG Director: Sidney Lumet Actors: Henry Fonda, Jack Klugman, Joseph Sweeney Plot: One man on a jury stands alone in a case in which most are initially convinced one way but one by one may be convinced another way.
This may mean that in some cases the jury is susceptible to a film's auteur cache — think «The Wind That Shakes the Barley» in 2006 — but it also allows for surprise attacks by less heralded titles on the basis of quality alone.
Although Bernard says that he is not particularly swayed by Sundance audience reactions, the Miles Teller drummer drama happened to be a case where his taste aligned with Sundance goers — just this weekend, the film won both the grand jury and audience awards in the U.S. dramatic film competition.
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