Sentences with phrase «conviction appeal judge»

The summary conviction appeal judge held that the standard for obtaining a search warrant and a production order was the same — reasonable grounds to believe that the Code requirements were met.

The C.A. dismissed the appeal, agreeing with both the trial judge and summary conviction appeal judge that «officer» included elected (more...)

The summary conviction appeal judge's finding that the complainant may have consented prior to becoming unconscious «resurrected gender stereotypes that have long been laid to rest» (at para. 37).

Did the summary conviction appeal judge err in upholding the decision to exclude the seized evidence?

The Court of Appeal found there was ``... an arguable issue of substance in this case of sufficient importance to merit the attention of the full court...» since the Summary Conviction Appeal judge ``... did not conduct a meaningful analysis...» with respect to s. 489 (2), and the police «need to know» the scope of their powers in circumstances where firearms are involved and they are ``... lawfully in a residence with children present...» (See para. 11).

The Crown appeals; the trial decision is upheld by the Summary Conviction Appeal Judge.

The C.A. dismissed the appeal, agreeing with both the trial judge and summary conviction appeal judge that «officer» included elected

Not exact matches

The Lahore judges who rejected her appeal conceded that they had based their ruling on a technicality, which they recommended be eliminated in the future to make it much more difficult to achieve blasphemy convictions.

A Clackamas County judge turned down a petition Monday for early release while the conviction of Shannon Mae Hickman, a member of the Followers of Christ church, is reviewed by the Oregon Court of Appeals.

An appeals court has upheld a ruling by a federal judge that effectively overturned his conviction in the sexual assault and murder of Teresa Halbach more than 10 years ago.

He was convicted of manslaughter last year after shooting girlfriend Reeva Steenkamp, but the conviction was changed to murder by an appeal judge this week.

Two of three judges hearing an appeal of a London imam's terrorism conviction have criticized how an American jury was told about his earlier convictions in England.

ALBANY - Former state Assembly Speaker Sheldon Silver filed notice Wednesday that he will appeal his federal conviction, while a judge ruled he will remain free from prison until at least Aug. 31.

Disgraced former state Sen. Dean Skelos will be able to stay out of prison pending an appeal of his corruption convictions, a Manhattan judge ruled on Thursday.

A judge says former New York Assembly Speaker Sheldon Silver can remain free until at least late October while he appeals his conviction and 12 - year prison sentence.

Liang's lawyers have already begun their appeals process, and plan to ask Judge Chun on Wednesday to toss the conviction after they say juror Michael Vargas lied about his family's history during jury selection.

He dropped appeals of a judge's ruling on stop - and - frisk and he settled the long - running wrongful conviction case for the «Central Park Five.»

U.S. District Judge Valerie Caproni approved the withdrawal of attorneys Steve Molo and Joel Cohen, who defended Silver in his 2015 trial and then won an appeal of his conviction, and entry into the case of a new defense lawyer, Michael Feldberg.

The appeals court judges who overturned Silver's conviction did not label any of the evidence presented in his case erroneous.

He also noted the creation of adolescent diversion courts and the push for new ways to address the state's subpar record on wrongful convictions during his time as chief judge of the Court of Appeals.

The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.

The appeals court cited a Supreme Court decision that had also recently led judges to vacate the conviction of former Assembly Speaker Sheldon Silver.

The 2d U.S. Circuit Court of Appeals» three - judge panel hearing his appeal asked the defense and prosecutors to weigh in about the effect of the Silver ruling and another new decision affirming the conviction of former Assemb.

The state's highest court has ruled that it's not OK for the judge who hears an appeal to be the same one who issued the original conviction.

A New York federal judge ruled Senate Majority Leader Dean Skelos and his son can stay free on bail while appealing their convictions on corruption charges, saying jury instructions in their trial could be flawed in light of a recent U.S. Supreme Court ruling.

Shelly Silver will stay out of jail for what looks to be another year, thanks to US District Court Judge Valerie Caproni's ruling Thursday that the disgraced former Assembly speaker can remain free on bail pending his appeal of his landmark corruption conviction.

The appeals court said the trial judge would need to instruct jurors on the law differently to conform with a 2016 Supreme Court decision reversing the public corruption conviction of former Virginia Gov. Bob McDonnell.

The appeals court said the judge's instructions on the law were not consistent with the Supreme Court's recent reversal of the conviction of Virginia Republican ex-Gov.

A federal appeals court on Thursday overturned the 2015 corruption conviction of Sheldon Silver, once the powerful speaker of the New York State Assembly, saying the judge's jury instructions were in error in light of a United States Supreme Court decision that has since narrowed the legal definition of corruption.

Hours after a judge downgraded the conviction of Officer Peter Liang — convicted in February of killing the unarmed Akai Gurley in 2014 — to criminally negligent homicide, Brooklyn District Attorney Kenneth Thompson pledged to appeal the decision.

In November, Janet DiFiore — Chief Judge of the New York State Court of Appeals — announced the new rules in an effort to prevent wrongful convictions.

A New York state appeals judge upheld a conviction against former Goldman Sachs programmer Sergey Aleynikov on Thursday — likely...

i succeeded in convincing a reasonable judge that the dog victim should be release while i appealed the convictions of my three clients, the jail time the two humans faced, and the thousands of dollars in fines that had been ordered to pay.

The trial judge rejected that argument, but the appeal court quashed the conviction.

Justices at gunpoint: Chief Justice Heather Smith, one of their recent decisions could mean that the Ontario Court of Appeal is not going to protect judges from bad people who come to courthouses with guns, if such bad people want a stay of their convictions by reason of very bad police conduct: R. v. Singh (Ont.

The majority of the Court of Appeal allowed the appeal and set aside the conviction, finding that the trial judge failed to properly instruct the jury on the limitations of the use of after - the - fact eviAppeal allowed the appeal and set aside the conviction, finding that the trial judge failed to properly instruct the jury on the limitations of the use of after - the - fact eviappeal and set aside the conviction, finding that the trial judge failed to properly instruct the jury on the limitations of the use of after - the - fact evidence.

Khawaja, an Ottawa software developer, was appealing his conviction while the Crown cross-appealead, asking the court to impose a life sentence rather than the 10-1/2 years imposed by trial judge Justice Douglas J. A. Rutherford of the Superior Court of Justice on Oct. 24, 2006.

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 resulted.

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, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

As a result of this error on the part of the trial judge, the Court of Appeal has overturned Mr. Hall's conviction and ordered that he have a new trial.

Criminal defendant who pleaded guilty, then appealed his conviction based on his attorney's failure to tell him he would be deported, could not show he had been prejudiced by this failure because, (1) just before accepting his plea, the judge told him he would likely be deported, and (2) he could not show he was likely to obtain a more favorable result by going to trial.

Max A. Keller also has considerable experience handling appellate cases for criminal convictions, having worked under numerous judges in the Minnesota Court of Appeals.

District Court Judge rejected an appeal of a conviction on the basis of a violation of ss.

A judge has thrown out a claim against the Law Society of New Brunswick that a lawyer brought after the regulator suspended him before an appeal of his criminal conviction was heard.

The Ontario Court of Appeal, MacPherson, J.A., dissenting, held that the trial judge misdirected the jury on the use it could make of the accused's post-offence conduct and the error was fatal to the conviction.

The summary conviction appeal court judge dismissed the appeals on the basis that the trial judge had jurisdiction in both matters, that the rules of procedure in both trials would essentially have been the same, and that Sciascia was not prejudiced by any differences in the applicable rules of evidence.

[4] Under the new rules, which continue to apply today, summary convictions appeals from decisions of provincially appointed judges are almost invariably made on the basis of the existing record.

It was the second time in seven years that Ritchie received a serious rebuke on appeal, since in 2004, another superior court judge overturned his conviction in such a case because of the judge's use of «boilerplate» reasons.

On appeal, the respondent argued that the trial judge had failed to direct the jury properly on the purpose of the bad character evidence or the standard of proof; the Court of Appeal allowed her appeal and quashed her conviction for mappeal, the respondent argued that the trial judge had failed to direct the jury properly on the purpose of the bad character evidence or the standard of proof; the Court of Appeal allowed her appeal and quashed her conviction for mAppeal allowed her appeal and quashed her conviction for mappeal and quashed her conviction for murder.

Nacchio had appealed his conviction on several grounds, including that the evidence was insufficient to convict him and that the trial judge had improperly excluded the testimony of an expert.