Sentences with phrase «denied fair trial»

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.

Whitley had sued in 2007 for compensation, alleging that investigators had discriminated against him based on race and that he was denied a fair trial.

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

The Court of Human Rights in Strasbourg was impressed by our argument that he had been denied a fair trial, his right under Art 6 of the European Human Rights Convention, but, by the narrowest majority of nine to eight, it upheld the immunity.

Lawyers for Canadian sentenced to prison in Cuba seeking to build case that he was denied fair trial, Reuters

The e-report article focuses on a recent New Hampshire Supreme Court decision, which upheld a conviction of a rapist, finding that he was not denied a fair trial where the jury foreman turned out to be a blogger who complained about having to «show up for jury duty to deal with the local riffraff.»

As a result, the jury heard allegations, instead of true facts, and Morgan Stanley was denied a fair trial.»

On appeal, Esso argued that he was denied a fair trial when the district court allowed the jury to take home the copy of the indictment — an issue that the Second Circuit said appeared to be one of first impression in any federal or state court.

Not exact matches

But the gravity of being denied anything close to a fair trial reached new depths on Friday, when the men were placed before a firing squad.

«The allegations against Silver will severely prejudice Lopez, denying him a fair discovery process and a fair trial,» lawyer Lopez's lawyer Lyle Zuckerman wrote Torres on July 2.

If ICBC denies your claim or fails to offer you a fair settlement, we will be prepared to seek justice for you in court, though the vast majority of cases settle well before trial.

Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.

Firstly, the Supreme Court in Mentuck held that once information has entered the public domain of the courtroom, access to disseminate this information should be denied only where its publication would present a real and substantial risk to the proper administration of justice (e.g. a risk to the accused's section 11 (d) Charter right to a fair trial), and where the salutary effects of denying access outweigh the deleterious effects.

Some Egyptian lawyers have been denied the rights to a fair trial and freedom of expression and assembly because of broad security legislation passed since 2013, as well as facing travel bans and prosecution for carrying out their professional duties, in support of human rights.

... In light of the fundamental constitutional rights at stake, before a judge finds that a defendant has forfeited his right to counsel and imposes the extreme sanction of denying an indigent defendant the assistance of counsel at trial or otherwise, she must first conduct a hearing at which the defendant has a full and fair opportunity to offer evidence as to the totality of the circumstances that may bear on the question of whether the sanction of forfeiture is both warranted and appropriate.

My last case on child support (in early February) was an application for a declaration for two parents who said that certain aspects of the scheme had denied them the right to a fair — or indeed any — trial of issues relating to two assessments to child support maintenance many years ago.

The strategy of deny, delay and defend is put into practice across the board by these carriers and others and I am finding that I am taking more and more of my cases all the way to jury trial in order to obtain fair compensation.

That said, I would venture that trial fairness should operate as the guiding principle in this area, so if the plaintiff has decided that expert evidence from one specialty based on an examination of the plaintiff is relevant to the adjudication of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based on an assessment of the plaintiff.

Judge Moir, they said, had regard to the need «that a usual component of a fair trial was for the person against whom allegations had been made to have the opportunity to put questions to or to cross-examine»; and to deny that was a very serious step.

But how far is it possible to have a fair trial where the law under consideration is beyond the comprehension of the averagely intelligent lay person (AILP); and where, for practical purposes, legal representation is denied, because legal aid is not available?

After having had its third trial in the seemingly never ending Java API «fair use» case denied by a federal court in California, Oracle has new filed papers this week stating that it will take its case to the US Court of Appeals.

They further represent a failure to give patent litigants a fair trial, denying them access to justice and trapping them in a forum intentionally selected for its favorableness to the other side.

If one or both parents fail to resolve their case and you end up in a trial before a judge, they nearly always have at least two agendas: one is to win for the children fair time with both parents or deny the children fair time with the other parent.