Sentences with phrase «done during prosecution»

Because of this constraint, the Office has set forth rules for motions to amend that account for the absence of an independent examination by the Office where a prior art search is performed as would be done during prosecution, reexamination, or reissue.

Not exact matches

While the prosecution had more than fifty witnesses testify, Gosnell himself never took the stand during the arguments, and McMahon» did not call either fact or character witnesses for his client.»

Going further, he posited that the evidence cited by the prosecution did not prove that governors were targeted in a blast during a meeting on March 15, 2010 in Warri, Delta state.

The two lawyers had largely disappeared during Mr. Silver's three - week trial in Federal District Court in Manhattan; James M. McDonald sat quietly at the end of the prosecution table, while Robert K. Kry, a defense lawyer, did not even show up in court.

The data listed 779 substantiated abuse and neglect allegations during the period, 73 prosecutions and 13 individuals put on a do - not - hire list.

Retesting freed Josiah Sutton, who was jailed as a teenager for rape based on a Houston lab mistake; during his original trial, Sutton had requested, but did not receive, independent DNA testing of the prosecution's evidence.

Such officers are immune from prosecution for everything they do during their time in office.

The burden of proof will shift to employers to demonstrate that any independent contractors they do business with are not in fact employees under the ESA, if, during the course of an employment standards officer's investigation or inspection or in any proceeding under the ESA, other than a prosecution, an employer or alleged employer claims that a person is not an employee.

Early involvement of legal advisors is essential in order to ensure not only the best possible outcome, but to ensure that material provided during such investigations does not prejudice clients and lead to prosecutions for related offences such as money laundering.

Also in the last couple of years, Justice Mosley, in NOV Downhole Eurasia Limited v. TLL Oil Field Consulting, 2014 FC 889, considered whether a pleading ought to be struck that referred to the file history to defend against infringement arguing that a feature added during prosecution and appearing in each of the claims did not exist in their device.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.