The questions Kaine raised as a defense lawyer were mostly related to process — from the time given for federal court review of cases and the rules that Virginia state courts had for review of capital cases to the quality of the lawyers provided to
criminal defendants in those cases and the way those lawyers carried out that defense — but that process, as Kaine said at the time, is sometimes the difference between life and death.
Not exact matches
The courtroom was cleared for arraignments
in a
criminal drug and weapons
case that featured a different Martin Shkreli — a Bedford, N.Y. man more than 20 years older than the 34 - year - old Pharma Bro — as one of the
defendants.
In June, Soares announced a three - part plan that included a component to allow
defendants between 16 and 24 to resolve
cases without a
criminal record or any time behind bars.
Further, he said he believes other
defendants charged on the same day last year could be making similar requests to get their
criminal cases tossed out or re-assigned to courts
in upstate.
Gov. Andrew Cuomo wants to end the practice of requiring
criminal defendants to post monetary bail
in misdemeanor and non-violent felony
cases.
In her ruling on Monday, Justice Anwuli Chikere upon being provided with the details of the Supreme Court judgement which on March 18, held that the
defendant has a
criminal case to answer granted EFCC the leave to re-arraign the former governor.
The
criminal complaint charging Seabrook and his fellow
defendant, hedge - fund manager Murray Huberfeld, strongly suggests that a witness who is cooperating with the government
in the
case, Jona S. Rechnitz, could also serve as an important witness
in at least one of the fund - raising inquiries centered on NYC Mayor Bill de Blasio.
Albany County DA David Soares said that at the time he accused Judge Stephen Herrick of giving a «get - out - of - jail - free card for every
criminal defendant in New York state» and creating a «dangerous loophole» by giving his high - profile steroids
case to a special prosecutor
in 2010, he saw nothing offensive
in his words.
By Section 270 of the Administration of
Criminal Justice Act, a plea bargain agreement is allowed as
in this
case, wherein the first
defendant has provided relevant information to aid the prosecution of this
case... it appears to me that by the above provisions of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment stipulated for the offence charged.
Despite getting flak from civil rights advocates over his decision to veto bills that would have legalized specific kinds of pocket knives and offering more state funds to compensate lawyers designated by the court to represent
defendants who don't make enough money to afford a lawyer for defense
in a
criminal case, people roared
in applause throughout Cuomo's speech.
That data has since been updated by the state Division of
Criminal Justice Services, which reported close to 35,000 resolved
cases involving 16 - and 17 - year - old
defendants in 2013.
State data shows close to 96 percent of
cases involving 16 - and 17 - year - old
defendants did not result
in a
criminal conviction last year.
The
case was adjourned till March 20, 21 and 22, 2017 for commencement of trial, while the
defendants were remanded at the headquarters of the Police State
Criminal Investigation Department,
in Akure.
Nassau County DA Kathleen Rice spoke Tuesday at a press conference organized by the Raise The Age coalition calling for the way the state handles 16 - and 17 - year - old
defendants in criminal cases.
BAIL REFORM: Cuomo and lawmakers introduced different versions of proposals to eliminate cash bail
in misdemeanors and non-violent
cases to ensure
criminal defendants aren't imprisoned simply because they are poor.
«What particularly disturbs me,» Judge David T. Stitt stated
in the summary of the Chreky
case, «is that most of the people coming through our system, particularly
criminal defendants, do not have the resources to mount the kind of challenge to the DNA test results as was done
in this
case....
Ignoring the picture's preposterous premise that an expert witness for the prosecution would ever exhibit such sensitivity towards a
defendant in a
criminal case, the film nonetheless works because of the way
in which two females manage to mind - meld and make peace on a middle ground.
Five hundred
criminal defendants in New Orleans will have something to be thankful for this Thanksgiving: the dismissal of their respective
cases.
For example,
in cases dealing with
criminal procedure, civil rights, First Amendment, due process, privacy and attorneys, decisions would be considered liberal when they come down on the side of a
criminal defendant, a civil rights claimant, a person seeking access to government information, or anyone identified as an underdog.
An MoJ spokesperson commented: «Any action to disrupt the courts is unacceptable and we are taking all necessary steps to ensure legal representation is available for
defendants in criminal cases.
Question: I'm a
defendant in a
criminal case.
She cited several
criminal cases in which she said prosecutors refused to provide evidence that could have increased
defendants» sentences.
We also act
in cases where innocent third parties are affected by orders made
in criminal cases against
defendants.
Low - income families must fight these battles on their own because — despite the fact that civil
cases can result
in people going to jail, or losing their home, health care, custody of their children or sense of safety — there is no right to an attorney
in civil legal proceedings as there is for
criminal defendants.
It occurs most often
in cases in which the jury believes a
criminal defendant is guilty or a civil
defendant is liable, but the jurors do not want to hold the person responsible.
In general, the penalties will depend heavily on the facts of the
case as well as the
defendant's prior
criminal history.
Acknowledging the issues were novel, the motions judge
in SC v. NS concluded that the
defendant / accused had breached the deemed undertaking of confidentiality when he used for his
criminal defence the plaintiff's documentary productions from the civil
case without first seeking directions from the court as to whether and how he could do so.
room for doubt about a
defendant's guilt
in a
criminal case,
in a civil
case, the plaintiff must prove that it is 51 percent (or more) likely that the
defendant committed an act of malpractice, and that the malpractice was the cause of the plaintiff's injuries.
Although its analysis, like that
in Gideon and other earlier
cases, suggested that the Sixth Amendment right to counsel should apply to all state
criminal prosecutions, Argersinger held only that an indigent
defendant is entitled to appointed counsel, even
in petty offenses punishable by six months of incarceration or less, if he is likely to be sentenced to incarceration for any time if convicted.
A
defendant in a
criminal proceeding may petition to the superior court for a writ of prohibition to prevent an inferior court from proceeding with the
case because it does not fall under its jurisdiction.
Posts cover recent
cases in the news related to
criminal defendants; the wrongfully convicted and the exonerated; the death penalty and sentencing
in general.
Melissa has also served as an Assistant Public Defender
in Broward County where she represented indigent
criminal defendants charged
in a variety of
cases ranging from misdemeanors to first degree felonies.
Essentially, while there is no room for doubt about a
defendant's guilt
in a
criminal case,
in a civil
case, the plaintiff must prove that it is 51 percent (or more) likely that the
defendant committed an act of malpractice, and that the malpractice was the cause of the plaintiff's injuries.
While volunteer efforts won't cure this problem long term, training and utilizing currently unemployed lawyers on a volunteer basis to handle misdemeanor
cases or ease the burden on lawyers forced to represent
defendants at cut rates, might provide a stopgap measure to the crisis
in criminal representation.
FWIW, this is much more generous than under U.S. law
in which no compensation of any kind is payable to an acquitted
criminal defendant in the vast majority of
cases either by the government or by an accuser.
«Gideon Speaks, named after the landmark Supreme Court
case which requires that counsel be provided for all indigent
criminal defendants is a marriage of my love of the law and writing and discusses issues related to
criminal and civil rights law
in NYC.
My friend is currently a
defendant in a
criminal case.
And
in the
case of DNA evidence, technology has done what the Constitution and the due process clause never could: lead to systemic changes
in state laws to allow convicted
defendants to reopen closed
criminal cases and seek access to DNA evidence for testing through procedures that did not exist at the time of trial.
Here's an interesting question, arising out of a
case before a Colorado court: may the state require a
defendant in a
criminal trial to enter the password that will decrypt a computer drive with full disk encryption?
In R v Milton Brown [1998] EWCA Crim 1486 Lord Bingham said that in an appropriate case it was open to the judge to ask an unrepresented criminal defendant whether there were matters he wished to have put to a witnes
In R v Milton Brown [1998] EWCA Crim 1486 Lord Bingham said that
in an appropriate case it was open to the judge to ask an unrepresented criminal defendant whether there were matters he wished to have put to a witnes
in an appropriate
case it was open to the judge to ask an unrepresented
criminal defendant whether there were matters he wished to have put to a witness.
Finally, where a juror knows or learns something prejudicial to a
defendant, for example that he has
criminal convictions, this does not amount to partiality to the prosecution
case or consequent partiality
in that juror.
And (3) a lot of
criminal defendants are
in jail while their
case is being negotiated and are desperate to get out.
In criminal cases, many
defendants rarely make any statements other than those required as part of an appearance or plea.
Without the knowledge of the plaintiff or her counsel, the
defendant and accused
in the
case had shared the plaintiff's documents produced
in the civil
case with his
criminal defence counsel, who then relied on these records at trial.
In both cases, he secured the votes of Scalia and Thomas, and both opinions are among the few far - reaching ones favoring criminal defendants» rights in recent year
In both
cases, he secured the votes of Scalia and Thomas, and both opinions are among the few far - reaching ones favoring
criminal defendants» rights
in recent year
in recent years.
For many years, Stevens has been the Justice most often sympathetic to
defendants» arguments, especially
in criminal procedure
cases.
Representing a
defendant in a multi-handed
case involving allegations of an international conspiracy to commit
criminal damage running into hundreds of thousands of pounds.
We're talking about the Crown's duty, especially
in criminal cases, especially where the
defendant is unrepresented.
Translators can be certified as experts
in particular
cases and many courts have local rules governing the certification of translations for live translation of court proceedings, as the court system of legally obliged to provide translation services to non-English speaking
defendants in criminal and immigration
cases (and sometimes more broadly).
He has frequently been the lone dissenter, particularly
in criminal cases where he writes
in favor of the
defendant, even when the arguments arrayed against his position are so formidable that his colleagues have joined the majority and moved on.