Sentences with phrase «even in a jury trial»

Not exact matches

«Virtually half» of jurors who participated in the Capital Jury Project, funded by the National Science Foundation, reported they knew the punishment they would give before the trial even began.

That democracy can be made to work, that by the scientific method we can gain mastery over the latent resources of the universe, that trial by jury is practicable, that torture is a foolish method of seeking evidence in the courts, that chattel slavery is a failure — such things we take for granted, not because we individually are wiser than our forebears, who disbelieved them all, but because we share in a social tradition which we did not even help to create, but which has shaped and conformed our thinking with irresistible power.

«Yvonne Cryns told the parents that she had delivered hundreds of babies, including breech babies, and even showed them pictures of those deliveries,» Lake County Assistant State's Atty. Claudia Kasten told the jury as Cryns» trial on involuntary manslaughter charges began in a Waukegan courtroom.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement reads, in part.

In a moment of courtroom levity, Caproni announced at the conclusion of Thursday's deliberations that a juror had sent a note informing the court that she had been summoned to serve jury duty in another courthouse on Thursday, even as she served her seventh week on the Percoco trial jurIn a moment of courtroom levity, Caproni announced at the conclusion of Thursday's deliberations that a juror had sent a note informing the court that she had been summoned to serve jury duty in another courthouse on Thursday, even as she served her seventh week on the Percoco trial jurin another courthouse on Thursday, even as she served her seventh week on the Percoco trial jury.

Lawyers for Sheldon Silver asked the judge to acquit him of all charges even before his case goes to the jury in his corruption trial, in a motion that is routinely filed by defense lawyers after the government rests its case.

The trial judge, Valerie E. Caproni of Federal District Court in Manhattan, has already denied one defense motion, filed last month, asking her to acquit Mr. Silver even before the jury received the case.

And if Mann's lawsuit is dismissed by the courts, and even if it eventually goes to trial and he loses a jury verdict, Mann will publicly claim that he was in the right regardless of what the courts and / or the jury decided, and that he will not be deterred from filing other lawsuits against anyone who publicly characterizes his work as fraudulent.

And the route to justice is so much simpler than for defamation: the claim can be brought in the county court, the issues are simple, jury trial is not available and you might even obtain legal aid, while stocks last.

Because a jury trial offers no guarantee of a successful outcome — even in the most seemingly open - and - shut of cases.

If you have an injury claim resulting from an auto accident here in Florida, then the odds are that you will settle your claim with the negligent driver and his or her insurance company at some point before trial (even if it's in the halls of the courthouse or after jury selection).

2 - Will you bill me more if you have to do «extra» work; i.e., researching legal issues, writing legal memoranda, arguing motions, rejecting unacceptable offers from prosecutors and judges and making additional court appearances, or even trying the case in a jury trial.

in Argersinger, the Court today retreats to the indefensible position that the Argersinger «actual imprisonment» standard is the only test for determining the boundary of the Sixth Amendment right to appointed counsel in state misdemeanor cases, thus necessarily deciding that, in many cases (such as this one), a defendant will have no right to appointed counsel even when he has a constitutional right to a jury trial.

As discussed here in late March, convicted fraudster Allen Stanford recently asked, unsuccessfully, for a new trial because the court «let reporters send Twitter messages from the courtroom, even while the judge and lawyers were talking outside the jury's presence, and failed to instruct jurors to stay off Twitter.»

Even in the heat of battle that a trial can seem to be, lawyers do well if they keep in the front of their minds this fact: the jury has no idea what the Rules of Evidence are, or why they even exEven in the heat of battle that a trial can seem to be, lawyers do well if they keep in the front of their minds this fact: the jury has no idea what the Rules of Evidence are, or why they even exeven exist.

Indiana Trial Rule 403 goes on to state in part that even relevant evidence can be excluded if its probative value is outweighed by certain dangers of unfair prejudice, confusing the issues or misleading the jury.

Even when it does not, the damages awarded the employee in arbitration are nearly always far less than in a jury trial, and an arbitrator's award against the employer is a private matter.

And yet, even though Cunningham majority opinion had six votes for a seemingly strong view of the Court's Sixth Amendment work, reading all the opinions in Rita gives me the impression that only three Justices (Justices Scalia, Souter and Thomas) are deeply concerned with safeguarding, in Justice Souter's words, «the guarantee of a robust right of jury trial.»

Even as the Arkansas story broke, the Philadelphia Inquirer reported that defense lawyers for former Pennsylvania Sen. Vincent J. Fumo moved to halt jury deliberations in his trial on federal corruption charges, contending that a juror posted messages to Twitter and Facebook, including one that said, «Stay tuned for a big announcement on Monday everyone!»

Amongst other reasons for that result was the realization that, in some cases, juries (and arguably even judges in non jury trials) were using a «substantial factor» analysis to find that negligence which was a but - for cause (whatever but - for means) was not a factual cause.

Often, when a verdict is rendered in lieu of a settlement, the losing party will have to pay out considerably more money than in a settlement — because trials are expensive, and costs for putting on the trial, paying for the judge, the court reporter, the jury members» per diem, the bailiff and others, can mean even more financial pain.

Trying hundreds of jury trials, his legal experience has literally gone from the cradle to the grave having represented clients involved in prenatal and neonatal care, daycare centers, nursing homes and even funeral homes.

In the event that they refuse to pay you a fair settlement out of court, we may even be able to take the case to trial to fight for a jury verdict in your favoIn the event that they refuse to pay you a fair settlement out of court, we may even be able to take the case to trial to fight for a jury verdict in your favoin your favor.

In Alabama, unlike any other State in the Union, the trial judge has unbridled discretion to sentence the defendant to death — even though a jury has determined that death is an inappropriate penalty, and even though no basis exists for believing that any other reasonable, properly instructed jury would impose a death sentencIn Alabama, unlike any other State in the Union, the trial judge has unbridled discretion to sentence the defendant to death — even though a jury has determined that death is an inappropriate penalty, and even though no basis exists for believing that any other reasonable, properly instructed jury would impose a death sentencin the Union, the trial judge has unbridled discretion to sentence the defendant to death — even though a jury has determined that death is an inappropriate penalty, and even though no basis exists for believing that any other reasonable, properly instructed jury would impose a death sentence.

A bench trial can be beneficial to the truly unlikable defendant, or in especially brutal crimes, where juries may convict out of fear or sympathy for the victim, even if the case is weak.

To be sure, some commentators have suggested that the diminution in the number of jury trials is a positive development, or even a sign of a welcome evolution to a kinder, gentler system of dispute resolution.10 Consequently, today summary judgment frequently becomes «the destination point for litigation.»

While jury trials in federal court obviously have declined, the decline in bench trials has been steadier and steeper.2 Even though the number of lawyers continues to increase, the number of trials is still decreasing.3

In dozens of cases following Concepción, mandatory arbitration clauses waiving the right to a jury trial and class action have been upheld in everything from cell phone service to auto sales and even employment agreementIn dozens of cases following Concepción, mandatory arbitration clauses waiving the right to a jury trial and class action have been upheld in everything from cell phone service to auto sales and even employment agreementin everything from cell phone service to auto sales and even employment agreements.

1 For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Make?

Whether jury trials are even appropriate for these cases is a good question, but for now we need not ask it, since jury trials are being used in them.

Another reason to hire an attorney to assist you in resolving your insurance claim is because attorneys have a whole toolbox available that the average person does not, such as filing a lawsuit, forcing the insurance company to turn over all relevant documents related to your claim, or even taking your claim to a jury trial if the insurer refuses to fairly compensate you.

We often tell clients that it can be over a year from the time a suit is filed before you will get to the actual jury trial and in some counties, even longer.

In Hilton J.A.'s view, the trial judge erred in not admitting in evidence out - of - court statements made by one of the victims and in giving the jury an instruction, the content of which was also erroneous, with respect to the fabrication of an alibi even though sufficient evidence had not been adduced to link the appellant to the fabrication of an alibIn Hilton J.A.'s view, the trial judge erred in not admitting in evidence out - of - court statements made by one of the victims and in giving the jury an instruction, the content of which was also erroneous, with respect to the fabrication of an alibi even though sufficient evidence had not been adduced to link the appellant to the fabrication of an alibin not admitting in evidence out - of - court statements made by one of the victims and in giving the jury an instruction, the content of which was also erroneous, with respect to the fabrication of an alibi even though sufficient evidence had not been adduced to link the appellant to the fabrication of an alibin evidence out - of - court statements made by one of the victims and in giving the jury an instruction, the content of which was also erroneous, with respect to the fabrication of an alibi even though sufficient evidence had not been adduced to link the appellant to the fabrication of an alibin giving the jury an instruction, the content of which was also erroneous, with respect to the fabrication of an alibi even though sufficient evidence had not been adduced to link the appellant to the fabrication of an alibi.

The number of jury trials in Texas has diminished just so severely that I don't even try cases in Texas any more.

It remains of considerable importance to examine whether or not the case is one in which the admission of the plea of guilty of a now absent co-defendant would have an unfair effect upon the trial by closing off many, or even all, of the issues which the jury is trying.

An adverse jury verdict, or even a trial court's summary judgment (which the client might be able to get vacated as part of a settlement in exchange for no appeal) is easier to deal with in future cases, and certainly is not as significant as an adverse decision on appeal, especially one that affirmatively rejects the position advanced for reversal and graphically explains why.

Such testimony could presumably come only from an expert in medical insurance compensation and the Court suggested that the trial court might want to instruct the jury not to think about whether the plaintiff in the case at bar had medical insurance, even though we all live in the first state ever to mandate such coverage for all citizens.

Jury nullification in the broader sense can cause cases to be thrown out by a judge or on appeal for reasons # 4 or # 5, but most of the time, jury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdJury nullification in the broader sense can cause cases to be thrown out by a judge or on appeal for reasons # 4 or # 5, but most of the time, jury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury did could have reached the same verdict.