Sentences with phrase «first defendant in this case»

«It is my decision that this court has jurisdiction on the charges filed against the first defendant in this case and the notice of preliminary objection is dismissed,» Justice Solebo ruled.

The same court also threatened to arrest the minister, who is the first defendant in the case, if the stop word order continues to be pursued.

Not exact matches

The first line of cases began with In re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practiceIn re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practicein improper accounting practices.

In a previous case, judges threw out the death sentence for a defendant because three hours lapsed between the offense and the first report made.

Covington, whose trial began 30th May, was the first of five church members to face trial in the case, with each defendant being tried separately.

Specifically, BPI was seeking all of my confidential communications in 2012 with the defendants in the case, including employees of ABC News and the two former USDA microbiologists who first expressed concern about the meat filler in private emails later made public by the New York Times.

«First, we have a witness on subpoena in the person of Dr. Goodluck Ebele Jonathan, GCFR, former President of Nigeria, who is a vital witness for the first defendant and after his testimony, we will appraise the case of the first defendant with a view to making up our minds as to whether we will need further testimony of the first defendant or another witFirst, we have a witness on subpoena in the person of Dr. Goodluck Ebele Jonathan, GCFR, former President of Nigeria, who is a vital witness for the first defendant and after his testimony, we will appraise the case of the first defendant with a view to making up our minds as to whether we will need further testimony of the first defendant or another witfirst defendant and after his testimony, we will appraise the case of the first defendant with a view to making up our minds as to whether we will need further testimony of the first defendant or another witfirst defendant with a view to making up our minds as to whether we will need further testimony of the first defendant or another witfirst defendant or another witness.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

At the resumed of the case, counsel to the EFCC Mr Oluwaleke Atolagbe informed Justice Baba Yusuf that he had made serious efforts through the EFCC to contact the DSS to produce the first defendant in court and regretted that as at the time the court was sitting his efforts did not yield fruitful result.

It is the constitutional right of the first defendant to defend this case the way he deems fit in accordance with the law.

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.

«In the case of the first defendant, he started committing this offence since 2012 because he obtained Nigerian Passport since 2012 but was not arrested.

The judge noted that the claimant has the right to sue the first defendant but can only be suspended when found wanting in House rule 37 to 39 which is not related to the case in view.

Todd Howe, center, exits court on Monday after his first day of testimony as a government witness in the corruption case against Joseph Percoco and three other defendants.

As bloggers have noted, this case will be one of the first tests of a new Texas law designed to discourage capricious libel suits by putting the burden on the plaintiff (Wakefield in this case) to prove that the defendants» speech has caused damage before the suit can go forward.

In 2014, the first prosecutor in the case, in Rome, informed the defendants that he had asked for a trial, an announcement that created a huge media storm with Capua at the centeIn 2014, the first prosecutor in the case, in Rome, informed the defendants that he had asked for a trial, an announcement that created a huge media storm with Capua at the centein the case, in Rome, informed the defendants that he had asked for a trial, an announcement that created a huge media storm with Capua at the centein Rome, informed the defendants that he had asked for a trial, an announcement that created a huge media storm with Capua at the center.

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

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.

In the example of a patent case, the first part of the proceeding would focus on the validity and infringement of the patent to determine whether the defendant has infringed the patent.

The SJC for the first time ruled that a judicial error of law does not bar recovery in a legal malpractice case where a defendant law firm was negligent for failing to prevent or mitigate the legal error.

From there, your attorney can build a case that demonstrates that the defendant acted negligently by failing to warn of the risks of asbestos, failing to take precautions to protect you (and others from asbestos exposure), or for even using / manufacturing asbestos - containing products in the first place.

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.

That case was in the news again this week as the defendants indicated in court papers that their upcoming motion to dismiss will be based on the premise that «television casting decisions are protected by the First Amendment.»

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.

An interesting case from the Massachusetts Appeals Court on an issue of first impression in the state, ruling that there is no legal duty of reasonable care owed by a defendant to a plaintiff who was injured during their consensual sexual conduct.

In the first case (Dempsey v. Oh) the Plaintiff was injured in a bicycle accident when he was struck by the Defendant's vehiclIn the first case (Dempsey v. Oh) the Plaintiff was injured in a bicycle accident when he was struck by the Defendant's vehiclin a bicycle accident when he was struck by the Defendant's vehicle.

First, the defendant's own knowledge and intent and state of mind are especially crucial in perjury and obstruction of justice cases; the obvious witness to negate those charges, or at least to raise a reasonable doubt about them, is the defendant himself.

What distinguishes this case is that despite the absence of a refusal to mediate, the Judge at first instance found that the Defendant's actions in dragging his feet prevented mediation from taking place.

While I'm not sure if it's technically correct that there's no evidence of wrongdoing whatsoever, it seems strange to me that in a legal system where the defendant is innocent until proven guilty, an appeals court would not be legally required to exonerate the convict if unable to find any evidence (or the single piece of evidence was retracted, as in this case) with which they could have rendered a guilty verdict in the first place.

This is not the first domain - related allegation against Kenzie, the defendant in the Gioconda Law Group case.

These can also be issued in anticipation of unlawful conduct by the defendant i.e. to prevent that harm occurring in the first place - this type of injunction is common in (domestic) violence cases to such an extent that their use has been legislated (codified).

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

Final defendants in what government called «first prosecution of a counterfeit apps case» have pleaded guilty, Reuters

First, lawyers acting for defendants do not, generally speaking, have a vested interest in making sure the case gets to trial quickly.

Two weeks later, the insurer paid the policy limits and the first defendant remained in the case.

If you are unsure about how to formulate your claim and believe that this may have a detrimental impact on your case, it may be beneficial to seek legal advice before filing the document at court, as the First Defendant discovered to his detriment in Jones v Longley.

The plaintiff in the case was traveling along Highway 101 in the first lane of traffic on his motorcycle directly behind the defendant driver at 9:00 a.m. on a Monday morning.

Read more about jury protection for defendants in felon in possession and other firearms - related cases: — Georgia Judge Informs Jury of Mandatory Sentence — Jury Finds Man Not Guilty of Weapons Charge — Did The First Circuit Encourage Jury Nullification in Stolen Gun Case?

«Costs rose when the county moved to a contract system [and there was also] a decline in the number of cases taken to jury trial, an increase in guilty pleas at first instance hearings, a decline in the filing of motions to suppress, a decline in requests for expert assistance, and an increase in complaints received by the court from defendants.»

Representation of city in post-judgment motions and appeal of whistle blower case where the jury awarded Plaintiffs $ 27 million in actual and punitive damages against three Defendants who allegedly retaliated against Plaintiffs for exercising their First Amendment rights and whistle blowing.

First of all, in many of the types of civil cases (housing, child welfare, mental health), low - income people are the * defendants *; they're not choosing to be involved in the legal process at all.

On the first one where $ 440,473 in fees was sought, the trial judge made some lodestar reductions for efficiency and deduction of hours spent against defendants for which no recovery was had, and then made a.4 further reduction for limited success in the case, bringing the fee award down to $ 167,116.32.

The Ontario Court of Appeal is hearing its first case on this issue this fall, in which three defendants convicted of murder are seeking a new trial.

First, the plaintiff must show that the driver was a customer of the bar that is the defendant in the case.

In automobile accident cases, prejudgment interest is calculated from the date on which the defendant was first given notice of the claim to the date of judgment or settlement.

Acknowledging the issues were novel, the motions judge in the case 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.

In cases where there are multiple defendants, the Court of Appeal directs that a jury must first consider whether the collective negligence caused the plaintiff's injuries.

Attorneys assigned to the Multiple Defendant Division (MDD) of the Law Office of the Cook County Public Defender represent clients in felony and first degree murder cases where more than one person is accused.

Our lawyers were also involved in defending the first Ontario case in which a defendant's class was certified.

I quickly counted about 75 GVRs in those pages and same the names of many of the defendants in some of the better - known crack / powder circuit cases — e.g., Pho from the First Circuit, Eura from the Fourth Circuit, Jointer from the Seventh Circuit, Spears from the Eighth Circuit.