Sentences with phrase «grant of a new trial»

One plaintiff's verdict was overturned by the Pennsylvania Superior Court and the grant of a new trial affirmed by an En Banc Panel of the Pennsylvania Superior Court.

Not exact matches

In a decision released by the Baltimore Circuit Court, Judge Martin P. Welch wrote that the 35 - year - old was being granted a new trial because his initial council failed to properly cross-examine an expert from the state about the reliability of cell tower data that seemed to place him at the scene of the crime.

Adnan Syed, the subject of the first season of the popular true crime podcast «Serial,» has been granted a new trial, according to his attorney, Justin Brown.

These risks and uncertainties include: Gilead's ability to achieve its anticipated full year 2018 financial results; Gilead's ability to sustain growth in revenues for its antiviral and other programs; the risk that private and public payers may be reluctant to provide, or continue to provide, coverage or reimbursement for new products, including Vosevi, Yescarta, Epclusa, Harvoni, Genvoya, Odefsey, Descovy, Biktarvy and Vemlidy ®; austerity measures in European countries that may increase the amount of discount required on Gilead's products; an increase in discounts, chargebacks and rebates due to ongoing contracts and future negotiations with commercial and government payers; a larger than anticipated shift in payer mix to more highly discounted payer segments and geographic regions and decreases in treatment duration; availability of funding for state AIDS Drug Assistance Programs (ADAPs); continued fluctuations in ADAP purchases driven by federal and state grant cycles which may not mirror patient demand and may cause fluctuations in Gilead's earnings; market share and price erosion caused by the introduction of generic versions of Viread and Truvada, an uncertain global macroeconomic environment; and potential amendments to the Affordable Care Act or other government action that could have the effect of lowering prices or reducing the number of insured patients; the possibility of unfavorable results from clinical trials involving investigational compounds; Gilead's ability to initiate clinical trials in its currently anticipated timeframes; the levels of inventory held by wholesalers and retailers which may cause fluctuations in Gilead's earnings; Kite's ability to develop and commercialize cell therapies utilizing the zinc finger nuclease technology platform and realize the benefits of the Sangamo partnership; Gilead's ability to submit new drug applications for new product candidates in the timelines currently anticipated; Gilead's ability to receive regulatory approvals in a timely manner or at all, for new and current products, including Biktarvy; Gilead's ability to successfully commercialize its products, including Biktarvy; the risk that physicians and patients may not see advantages of these products over other therapies and may therefore be reluctant to prescribe the products; Gilead's ability to successfully develop its hematology / oncology and inflammation / respiratory programs; safety and efficacy data from clinical studies may not warrant further development of Gilead's product candidates, including GS - 9620 and Yescarta in combination with Pfizer's utomilumab; Gilead's ability to pay dividends or complete its share repurchase program due to changes in its stock price, corporate or other market conditions; fluctuations in the foreign exchange rate of the U.S. dollar that may cause an unfavorable foreign currency exchange impact on Gilead's future revenues and pre-tax earnings; and other risks identified from time to time in Gilead's reports filed with the U.S. Securities and Exchange Commission (the SEC).

Since 2008, Good Cookies like YOU have helped fund dozens of pediatric cancer research grants, resulting in NINE promising new treatments moving to clinical trial, now available to children with cancer.

(Earlier this month, the Arkansas Supreme Court granted him a new trial on the grounds that jurors had discussed the probable outcome of his case before beginning deliberations.)

The two workers were evidently granted a new trial by a different judge later in 2007, and in November of that year wound up accepting a plea deal that allowed them to serve probation without actually admitting to any wrongdoing.

That means Silver, sentenced to 12 years in prison, could remain free for upwards of a year while he appeals his case — or never head to jail at all if a higher court throws out his conviction, or grants a new trial.

Four suspects standing trial for their involvement in the murder of the New Patriotic Party (NPP) loyalist in the Asawase constituency, Abubakar Sadiq, have been granted police inquiry bail.

Thibodeau's lawyer, Lisa Peebles, said she received notice today that the case can move forward to the Court of Appeals, which will hear an appeal of acting Oswego County Judge Daniel King's decision not to grant Thibodeau a new trial.

The $ 1 million grant will be used for preclinical trial work with the goal of submitting an Investigational New Drug application to the FDA to begin clinical trials.

Each of these grants supports clinical trials with our proprietary technology through the Center for Immunotherapy at RPCI in Buffalo, New York.

Partial clinical hold on high dose SGT - 001 resolved, additional information requested on full clinical hold NIH grant will further development of replacement beta cells for type 1 and type 2 diabetes New trial will assess MSCs to improve heart function in heart failure patients ReNeuron wins grant for retinal cell therapy development

Grants were awarded in 6 categories that cover a range of disciplines: Clinical trials and outcome measures, Biomarkers of progression, Gene studies, Underlying pathology, New disease models and Rehabilitation trials.

The trials were originally sponsored by Forest, but the new analysis was funded by grants from the National Institutes of Health and other non-industry sources.

With the Trials of Mythron expansion, players will have access to more than 100 new cards and a new Intensify mechanic, which grants certain cards a stacking effec... [Read More]

More recently, Esteban extended his research with two new grants: one supporting a longitudinal study of symptoms of depression among Caucasian, African - American and Latino children; and the other supporting an evaluation of a randomized control trial of the Family Coping Skills Program in a population of low - income Latina mothers.

No More Homeless Pets in Utah was one of the first Maddie's Fund grant recipients, and I think we served as something of a living laboratory and field trial for a new approach to transforming business as usual in animal welfare.

The Legend of Zelda: Breath of the Wild — Expansion Pass: If you own The Legend of Zelda: Breath of the Wild, the Expansion Pass grants access to three new treasure chests, DLC Pack 1, «Master Trials,» and DLC Pack 2, «The Champions» Ballad,» as they are released.

Contestants who manage to overcome all the trials set forth by the Council will be granted the honor of joining the Council of Magic as its newest Wizard of Legend!

To try and bring players back, Gearbox recently announced a new PvP mode and a free trial which grants users unlimited access to all competitive multiplayer modes and a rotating roster of six different heroes each week.

If you own The Legend of Zelda: Breath of the Wild, the Expansion Pass grants access to three new treasure chests, DLC Pack 1, «Master Trials,» and DLC Pack 2, «The Champions» Ballad,» as they are released.

With the Trials of Mythron expansion, players will have access to more than 100 new cards and a new Intensify mechanic, which grants certain cards a stacking effec... [Read More]

With the Trials of Mythron expansion, players will have access to more than 100 new cards and a new Intensify mechanic, which grants certain cards a stacking effect to make player actions more powerful each time they are cast for the duration of the game.

Courts can also move the trial to a new location; they can grant motions from the defense to delay the trial while things cool down; they can sequester the jurors (meaning that the jurors are kept in a central place and prevented from talking to anyone else or reading anything about the case); if none of these are done, a conviction can potentially be reversed on appeal.

After reading the book, three of the jurors, including the forewoman, wrote letters to U.S. District Judge Rya W. Zobel in Boston urging her to grant Trenkler a new trial.

And, if it a litigation matter and if after a month of trial on that one matter and we KNOW, we are absolutely certain that the LAW and the facts that came out at trial warrant a finding by the Court in our favor, but the Judge rules in our favor and on our motion might even grant a new trial and so we start over again, how can one figure that in?

In granting a new trial the BC Court of Appeal gave the most comprehensive summary of this area of the law that I'm aware of.

If the Minister is satisfied that those matters provide a reasonable basis to conclude that a miscarriage of justice likely occurred, the Minister may grant the convicted person a remedy and return the case to the courts — a referral of the case to a court of appeal to be heard as a new appeal, or a direction for a new trial.»

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

Judges in two Iowa counties cited the admission as grounds for granting new trials in two cases of men locked up in part based on Belanger's opinion that they were dangerous.

In a decision Tuesday, a three - judge panel from the 11th U.S. Circuit Court of Appeals, affirmed a lower court's decision not to overturn the verdict or grant TD Bank a new trial in a lawsuit brought by Texas investment partnership Coquina Investments.

The Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law.

This was most clearly illustrated by his handling of the notorious Fells Acre daycare child abuse case, as MLW publisher David Yas writes at his blog, The AffiDavid, «where he defiantly stood up to the Supreme Judicial Court in granting new - trial motions where he felt that the accused in the abuse cases had not been given a fair shake.»

Interestingly, it's not clear what the appellate order means since the court of appeals agreed with the prosecution that «Mr. Stern's new trial motion could not be granted... [b] ut... what can occur to Mr. Stern once the remittur issues is limited by the double jeopardy provisions of our Constitutions.»

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

The precedent as held by the Supreme Court of the United States is that «an order granting a new trial motion on the ground of evidentiary insufficiency bars a retrial.»

The court shall grant the motion if the DNA results, along with all other evidence, establishes that a new trial would likely produce an acquittal of the offense, or entitle «the applicant to a reduced sentence» or «new sentencing proceedings.»

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

Attorney John R. Orton obtained a ruling from the Circuit Court of Juneau County (Judge Roemer) granting a new trial in a personal injury case due to the erroneous exclusion of critical evidence by the Court.

Toronto criminal lawyer Graham Clark says the case of a man who has been granted a new trial after arguing he sexually assaulted a sleeping woman while he was also asleep is extremely unusual and will hinge on whether the defence can establish that the accused suffers from parasomnia and is not criminally responsible by reason of a mental disorder.

I think this case presents only a single federal question: did the order of the Maryland Court of Appeals granting a new trial, limited to the issue of punishment, violate petitioner's Fourteenth Amendment right to equal protection?

Miller also posts about Adnan Syed — his murder case was the subject of the first season of Serial — who was granted a new trial based on new evidence unearthed by the podcast.

Efforts to appeal Seward's conviction were denied, but in 2009, his attorney filed a Writ of Actual Innocence, and in 2012 the Circuit Court for Baltimore County granted Seward a new trial.

In Hall v. Hall, No. 16 - 1150, two separate cases had been consolidated and were tried together to a jury, but the district court granted a new trial in one of the cases and entered a final judgment in the other.

After a jury trial in which his client, a Prince George's County police officer was acquitted of 10 counts of an 11 - count indictment, Robert C. Bonsib, Esq. successfully convinced the trial court to grant a new trial on the 11th count after which the prosecution dismissed the final count.

Counsel for death row inmate in successful argument before Fifth Circuit that new trial should be granted for violation of Sixth Amendment right to jury trial.

Courts have authority to consider new evidence of actual innocence without regard to the statutory one - year limitation period for newly discovered evidence, and that the standard for granting a new trial based upon newly discovered evidence should not be a strict «outcome - determinative» test, at least where the state relied at trial upon facts that turned out to be false.

Most importantly, the new powers granted to a motions judge under Rules 20.04 (2.1) and (2.2) will theoretically expand the number of cases in which there will be no genuine issue requiring trial, as they permit motions judges to weigh evidence, evaluate credibility and draw reasonable inferences.

He was appointed Queen's Counsel in 1984, was a Founding Member of the Canadian Association of University Solicitors, a Fellow of the American College of Trial Lawyers and he was granted an Honourary Doctorate from the University of New Brunswick in October of 2009.