Sentences with phrase «found by a jury»

«A criminal defendant, we hold, need not request special interrogatories, nor need he acquiesce in the Government's request for discrete findings by the jury, in order to preserve in full a timely - raised objection to jury instructions,» Justice J. Ginsburg wrote in her explanation of the court's decision.

I wouldn't say that a finding by the jury of infringement in this case is going to open up the door to a lot more similar cases being filed against Led Zeppelin per se.

For instance, the percentage of the motorist's comparable negligence will be subtracted from the total economic damages found by the jury.

The substantial success of the plaintiff is clearly demonstrated by the large amount of damages awarded, the finding by the jury that the defendant acted maliciously and the total injunctive relief being granted.»

With this case, Canadian law has rightly provided protection against defamation to an individual subjected to repeated published attacks on her reputation that were not only false as found by the jury's findings of defamation, but which specifically defamed the plaintiff based on her status as a member of a racialized group.

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.

That is, you could say that the defendant's guidelines range has to be calculated by reference to facts admitted by the defendant or found by a jury.

But I think it is clear from the context that he would have had that range determined by applying only those facts that are admitted by the defendant or found by a jury.

The majority concludes a judge may impose an exceptional minimum sentence on the basis of an aggravating factor neither found by the jury nor admitted by the defendant.

Consequently, a judge can not impose an exceptional minimum sentence on the basis of an aggravating factor neither found by the jury nor admitted by the defendant.

I would think the prior convictions exception left intact by Apprendi, Blakely and Booker would justify the increased sentence in any case, the aggravating factor was not for the crime of conviction found by the jury, but was due to Clarke's failure to obey the law after many opportunities.

Alito argues that appellate reasonableness review means that for each offense, there is a sentence which «represents the [most] onerous sentence that [could] be regarded as reasonable in light of the bare statutory elements found by the jury.»

That conclusively appears from the fact that this Court holds that there was no basis for a finding by the jury in favor of the plaintiff.

Not exact matches

It appears none of Shkreli's hedge fund investors actually lost money in the end, but he was so widely reviled by the time of his trial that it was difficult to find an unbiased jury to hear the case.

Winners are found this way: First, the Product of the Year Canada jury carefully selects the finalists — that is, products that meet or exceed innovation standards — which are then categorized and judged by an online survey, on behalf of Rogers Insights and conducted by TNS, of thousands of regular Canadian shoppers.

The 2nd U.S. Circuit Court of Appeals in New York also rejected an appeal by MP3tunes founder Michael Robertson, who was ordered to pay $ 12.2 million after a federal jury in 2014 found him liable for copyright infringement.

A federal jury in Texas found that its iTunes software infringed three patents owned by patent licensing firm Smartflash LLC.

A jury found that the iPhone maker used technology owned by the university's licensing arm without permission.

David Demos, 36, was found not guilty Thursday of securities fraud by a federal jury in Hartford, Connecticut.

A jury found Cosby guilty last week on three counts of aggravated indecent assault brought on by one woman, although dozens have accused him of sexual assault.

A former U.S. Army sergeant and two other U.S. citizens were found guilty by a jury in Manhattan federal court on Wednesday of taking part in a plot to murder a woman in the Philippines for money, prosecutors said.

Ross Ulbricht, 30, was found guilty by a Manhattan federal jury on all seven counts he faced after a closely watched four - week trial spilling out of U.S. investigations of the use of the bitcoin digital currency for drug trafficking and other crimes.

The grand jury found that Lynn, 60, endangered children by knowingly allowing dangerous priests to continue in the ministry in roles in which they had access to kids.

Martin Shkreli, who became famous a couple years ago for price gouging an AIDS drug, was found guilty by a Brooklyn jury on two counts of securities fraud and a count of conspiracy.

The grand jury found that Lynn, 60, endangered children, including the alleged victims of those charged last week, by knowingly allowing dangerous priests to continue in the ministry in roles in which they had access to kids.

I find myself wondering whether we might not do some justice to the truth of each intuition by requiring at executions a public presence of randomly selected citizens» something like a jury.

The grand jury - despite finding that there was «no doubt» Bevilacqua «endangered thousands of children in the Philadelphia Archdiocese» by his actions while archbishop - declined «for now» to press charges against him.

Zimmerman was judged by a jury of his peers and found innocent.

Last month an inquest jury found a man named Jimmy Mubenga was unlawfully killed by G4S staff as they tried to deport him from Britain.

Britain's first black Tory peer was found guilty of fraudulently claiming # 11,277 in parliamentary expenses by a jury at Southwark Crown Court, which found him guilty by an 11 - 1 majority verdict.

«We must never cease», Churchill said, «to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English - speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law, find their most famous expression in the American Declaration of Independence».

The jury found Percoco received $ 35,000 in bribes in exchange for helping the company beat back a labor agreement and get reimbursed for funds owed to them by the state.

Queens political operative John Haggerty was sprung from jail Saturday after posting $ 250,000 bail but faces up to 15 years in prison after he was found guilty Friday by a Manhattan jury of grand larceny and money laundering after being accused of stealing $ 1.1 million from Mayor Michael Bloomberg.

«The dramatic disparity gives rise to an unacceptably high, «meaningful» risk that the jury could find Linda Mangano guilty merely by association, «she argued in court papers.

The court, presided over by Mrs Justice Merley Afua Wood, passed the death sentence last Wednesday after a seven - member jury unanimously found Frimpong guilty on two counts of murder.

NEW YORK, NY — Preet Bharara, the United States Attorney for the Southern District of New York, announced today that former New York State Senate Majority Leader DEAN SKELOS was sentenced today to five years in prison after having been found guilty by a federal jury of using his official position to obtain more than $ 300,000 in bribes and extortion payments that were paid to his son, ADAM SKELOS, in exchange for DEAN SKELOS's official acts.

DEAN SKELOS and ADAM SKELOS were found guilty by a unanimous jury on December 11, 2015, of conspiracy to commit extortion under color of official right, conspiracy to commit honest services wire fraud, three counts of extortion under color of official right, and three counts of soliciting and receiving bribes.

Today, Silver was found guilty by a jury of seven counts in federal court related to corruption charges.

It's been nearly 18 months since four young women were killed at the intersection of Depot Lane and Route 48 and, for the first time, thanks to a year of hard work by the jurors, it seems meaningful changes could be coming thanks to the findings of the special grand jury.

By Tuesday, when a Manhattan jury found Percoco — whom Cuomo had known for decades and characterized as «my father's third son» — guilty of taking $ 300,000 in bribes from a donor to the governor's campaign, his former boss and best friend had decamped back to the state capital.

Bridget Kelly and Bill Baroni, former aides of New Jersey Governor Chris Christie, were found guilty on all counts by a jury in the Bridgegate trial.

In 2012, a jury in Central Islip found no wrongdoing by Nassau County police and declined to award damages.

Updated, 12:40 p.m. John F. Haggerty Jr., a Republican political consultant accused of stealing $ 1.1 million from Mayor Michael R. Bloomberg during Mr. Bloomberg's 2009 re-election campaign, was found guilty of second - degree grand larceny and second - degree money laundering by a jury in Manhattan on Friday morning.

Silver, once one of New York's most powerful politicians, was sentenced in May to 12 years in prison, along with a fine and forfeiture of more than $ 6 million, after a federal jury found him guilty of a host of corruption charges related to two bribery schemes in which he received millions in kickbacks by trading political favors for money.

State Senator Tom Libous of Binghamton was found guilty by jury of lying to the FBI, for using his political influence to get a son Matthew a job with a Westchester County Law firm.

The rookie officer was found guilty earlier this month of manslaughter by a mostly white jury and now faces up to 15 years in prison.

Gov. Andrew Cuomo's former top aide Joe Percoco has been found guilty on three counts of bribery and conspiracy to commit honest service fraud by a federal jury in Manhattan today.

A federal jury in Brooklyn found that the Emigrant Savings Bank had discriminated against eight minority homeowners by purposefully marketing to them subprime mortgages with what were described as predatory interest rates of as much as 18 percent a year.

Tom Libous, one of the state's most prominent and powerful Republican lawmakers in the Senate, has been found guilty by jury of lying to federal agents in a case stemming from his son receiving a job at a politically connected law firm in Westchester County.

The poll found that by a 58 percent to 33 percent margin, New Yorkers would back giving Schneiderman the power of special prosecutor to probe other instances of police brutality after a grand jury chose to not indict a New York police officer in the chokehold death of Eric Garner.