In this era of iPad - assisted trials, it seems silly to me that judges would try to limit the flow of information to
counsel during a trial.
In Poindexter, the 6th Circuit reversed the lower court's decision that the defendant was deprived of effective assistance of
counsel during his trial.
The frequent reference to the spoliation by
counsel during the trial and in argument was permissible; merely because evidence may be inflammatory does not mean that it must be excluded.
Accompanied and shadowed supervising lawyers to courtrooms and provide
counsel during trials
Not exact matches
These are (1) the right to have a lawyer present to advise him either prior to questioning or
during it; (2) if he can not afford a lawyer, the right to have one appointed by the state to
counsel with him prior to or
during the making of a statement; (3) the right to remain silent and not make any statement at all, knowing that any statement he does make may be used against him at his
trial.
The Frenchman having just been dismissed in a game against Crystal Palace then, as we all watched aghast, launched a wild, almost comical, kung - fu kick on a supposed football fan who was, I think we will agree, a thug who himself was jailed when he quite stupidly attempted a similar - style kick at the prosecution
counsel during his own
trial for using threatening behaviour.
letter and no response was given,» assistant US Attorney Carrie Cohen said
during the last pretrial hearing before Silver's
trial next week, adding, «Defense
counsel has never asked for a plea offer.»
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 company.
Despite his comments about representing «little people,» Silver was hired as of
counsel at the firm Weitz & Luxenberg to bring «prestige» — as one of the name partners put it in testimony
during the
trial — and he acted primarily as a so - called rainmaker, bringing in lucrative referrals for mesothelioma cases, which paid him a portion of the proceeds from any judgment or settlement.
In the findings, the researchers point to the use of intensive behavioral
counseling in combination with pharmaceutical aids as a factor that may have contributed to an increase in smoking cessation rates
during clinical
trials.
«If you were asleep as a defense
counsel the entire time
during the
trial, if you were dead
during the
trial or if you failed to investigate a brain abnormality, you can be found responsible for ineffective assistance of
counsel,» Farahany said.
During oral argument, counsel for the State of California and the State's two largest teachers unions made a number of statements that directly contradict the well - founded evidence presented during the two - month Vergara
During oral argument,
counsel for the State of California and the State's two largest teachers unions made a number of statements that directly contradict the well - founded evidence presented
during the two - month Vergara
during the two - month Vergara
trial.
We hold, therefore, that where, as here, the investigation is no longer a general inquiry into an unsolved crime, but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent, the accused has been denied «the Assistance of
Counsel» in violation of the Sixth Amendment to the Constitution as «made obligatory upon the States by the Fourteenth Amendment,» Gideon v. Wainwright, 372 U.S. at 342, and that no statement elicited by the police
during the interrogation may be used against him at a criminal
trial.
During one portion of the presentation, while ironically stressing the importance of treating other
counsel with respect, he related a story in which after receiving a settlement offer that he deemed disrespectful, he hurled profanities at opposing
counsel before telling the opposing attorney that he was «taking this case through
trial» and that he would «[expletive] you and your client so hard in the [expletive] you'll have nightmares about the day you disrespected me with this [expletive].»
The very fact that the plaintiff consulted with that physician or other individual
during the course of litigation removes that individual from the «witness» category until such time as the plaintiff and
counsel make a determination about whether or not that physician will be used as a witness at the
trial, and preserves the right of privilege.
Craig, a former White House
counsel during the Obama administration, was lead lawyer on a controversial Skadden report assessing the fairness of a
trial of a Ukrainian prime minister.
During plaintiff
counsel's closing argument, the judge questioned
counsel about something that no one touched upon at
trial: could the mugshot have been taken when the inmate was in his cell?
After canvassing the defendant regarding the pitfalls of proceeding pro se, the
trial court ruled that it would have to let the defendant «self - represent...
during this point...» Consistent with this ruling, the court's docket sheet reflects the court clerk's notations indicating that, for purposes of the defendant's testimony only, the defendant was allowed to represent himself and standby
counsel was appointed.
As lead
trial counsel in the no - fault department, Paul has obtained plaintiff's verdicts in thousands of
trials as well as settled over five thousand cases
during his time with the firm.
During those years, she handled all aspects of litigation in civil and criminal cases, including bench and jury
trials, all aspects of motion practice and discovery, settlement and plea agreements, and general legal
counseling.
An Ontario Court judge with a history of improper interjections «usurped the role of Crown
counsel»
during a
trial last year, the Superior Court has found.
Our lawyers offer the honest
counsel, practical
trial experience and personal attention clients appreciate
during this often emotionally difficult time.
Assisted in obtaining new
trial following $ 4 million verdict in premises liability case due to opposing
counsel's misconduct
during trial, including preparing post-
trial motions and arguing motion for remittitur.
During the Superior Court
trial, defence
counsel Joseph Neuberger relentlessly cross-examined both complainants on all aspects of their evidence including inconsistencies generated by the transcripts from the preliminary hearing and video taped statements.
Deutsche Bank AG v Sebastian Holdings Inc [2013] EWHC 3463 (Comm) Acted as part of the
counsel team
during the
trial and preparation of closing submissions, with David Foxton QC, Sonia Tolaney QC, Henry King and James MacDonald, instructed by Freshfields.
Ms. Moore represents clients
during arraignment, conducts client interviews,
counsels clients regarding Accelerated Rehabilitative Disposition and other pre-trial intervention programs, and represents clients
during preliminary hearings and
trials.
Mr. Ruhling also served as a
trial - level defense
counsel as well as a Brigade Legal Advisor to the Aviation Brigade of the 3d Infantry Division responsible for providing advice in areas of national security law, international law, and administrative law in peace - time and
during Operator Iraqi Freedom I, while simultaneously serving as a felony - level prosecutor.
Playing uncivil, tactical, inappropriate, old - school,
trial by ambush games like: threatening to require proof of obviously valid records, holding back important documents until the last second, failing to fulfil undertakings until the eve of
trial, delivering new expert's reports
during the
trial, saying untrue things to
counsel opposite (whether knowingly or not), failing to prepare examinations in advance to «wing it» at
trial, refusing to agree to the admissibility of relevant documents while requiring changes to be made to irrelevant ones, refusing to share costs of joint expenses, refusing to cooperate on court ordered process matters, are all wrongful.
During the litigation process, Brown repeatedly tried to get relieved as
counsel, often threatening to discontinue working on the case even when the
trial judge informed him he did not have that option.
The hearing panel conceded that Mr. Groia's opposing
counsel had been rebuked by the judge for his own use of provocative language from time to time
during the
trial, but found that the OSC's
counsel had been quick to recognize that he crossed the line and withdrew his remarks with an apology (para. 176).
Defendant failed to establish denial of due process in having been shackled
during bench
trial, as did not object at
trial, and he failed to set forth specifically why he was denied a fair
trial or was impeded from assisting his
counsel.
Defence
counsel for Groia faced the difficulty at the tribunal level of a hearing panel ruling that reasons given in judicial review proceedings
during the criminal
trial could not be re-litigated.
Always a tough defender
during his stint on the legendary Michael Jordan - led Chicago Bulls team, Scottie Pippen held his own against opposing
counsel as the
trial for his legal malpractice suit continued, the Chicago Sun - Times reported.
During any
trial, defense
counsel will employ many predictable strategies to undermine your case value.
For more see Stuart O'Connell Law Bog, Should the Accused be Permitted to Sit at
Counsel Table
during his / her
Trial?
The court was also concerned that the
trial judge's treatment of
counsel «with a lack of respect on many occasions
during the
trial» contributed to the conclusion that there was a reasonable apprehension of bias.
During his tenure, Steven was lead
counsel in over 30 jury
trials.
But, as Justice Laskin noted, at para. 38, the
trial judge stated, ``... as a matter of law, I can not exclude under s. 24 (2) the marijuana seized
during the search of the car because of right to
counsel breaches that occurred subsequently, no matter how serious they may have been.»
Some time in 2000,
during a
trial in which the Ontario Securities Commission sought to convict John Felderhof of insider trading and misleading statements in the affairs of Bre - X Minerals Ltd., one of the defence
counsel, Joseph Groia, made statements about the (role and) conduct of the prosecutor that were described by Justice Archie Campbell in a subsequent hearing about the
trial judge's possible loss of jurisdiction as «unrestrained attacks on [the prosecutor's] professional integrity.»
Further speed improvement came with practice (both
counsel and the court)
during the course of the
trial in terms of communicating and moving from one exhibit to another; this was encouraging.
This amendment happened
during Mr. Dineley's
trial and his
counsel argued that the amendment could not be applied retrospectively, according to rules of statutory interpretation, and therefore the Carter defence was still valid.
When I was a defense
counsel, I routinely worked weekends and slept in my office
during trials, because it was only for a couple hours anyway — my wife loved that, by the way.
Questions include
trial competency, and issues regarding the waiver of Miranda rights — rights given
during arrest that include the right to remain silent, and the right to legal
counsel.