NEWS (4/18): In Ohio v. Mason, the Ohio Supreme Court ruled that its capital sentencing statute does not violate a defendant's Sixth Amendment right to trial by jury and the U.S. Supreme Court's 2016 decision Hurst v. Florida, which reiterated that a defendant is entitled to
a jury finding of all facts necessary to impose a death sentence;» [a] jury's mere recommendation is not enough.»
If a judge were able to overturn
a jury finding of fact, the «separation» would be moot.
In his tough questioning of USSC Chair Judge Patti Saris, Rep. Gowdy suggested he would favor having Congress «codify» the guidelines via statutes (which would, of course, require
jury findings of all aggravating factors based on Apprendi / Blakely).
(3) If
a jury find of fact is against the evidence, courts have frequently reversed juries (eg see New York HLD, v. 30, n. 4), however, they are not supposed to do so, unless the verdict is a gross miscarriage of justice.
Not exact matches
A federal
jury found Edwards not guilty on one count
of violating campaign finance rule, and the judge declared a mistrial on the five remaining criminal charges.
The
jury spent a total
of just 14 hours in the penalty phase
of the trial after
finding Tsarnaev guilty on all 30 criminal counts, but an automatic appeal means his case will drag on.
Announcing their verdict on Thursday, a
jury outside
of Philadelphia
found Bill Cosby guilty
of all three sexual assault charges brought against him.
Biotechnology entrepreneur William Ardrey faces a retrial on fraud charges after Western Australia's Court
of Appeal
found the
jury had been misdirected in the original court case.
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.
As Politico's Jack Shafer notes, «The Florida
jury that
found in Hogan's favor thought it was delivering a rebuke to morally reprobate coastal elites on behalf
of a hometown hero.
Though some experts argue that employee tenures at the top are decreasing, she points to U.S. Bureau
of Labour Statistics, which
find that managers stay with a firm an average
of 6.1 years (up from 5.3 years in 1983), as proof that the
jury is still out.
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.
He said when a brutal crime is committed it's difficult to convince a
jury the person accused doesn't «deserve the condemnation that comes from a
finding of guilty.»
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.
Andrew Wright, a professor at Savannah Law School who was an associate in the White House counsel's office under President Barack Obama, said he was «glad to see the Trump administration acknowledging the legitimacy
of the
findings of our intelligence community and the Mueller grand
jury: that Russians illegally interfered with our elections.»
«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.
In criminal trials, the burden
of proof lies on the prosecution, meaning the
jury will have to
find Hernandez guilty «beyond a reasonable doubt.»
After less than a day
of deliberations, the
jury of six men and six women
found Ulbricht guilty
of charges including drug trafficking, and conspiracies to commit money laundering and computer hacking.
If both sides, through their eyes and their people's eyes, have concluded that the plaintiff is absolutely going to win this case, and the plaintiff is going to get a lot
of money because they're totally on board with everything that has been presented, then that might be a good reason for the defendant to agree to a settlement with the plaintiff for less money than the potential exposure if the
jury comes back and
finds willful infringement.
On a similar theme, I was also on the
jury for the $ 4 million Zayed Future Energy Prize, based in the United Arab Emirates, which encourages entrepreneurs to
find innovative solutions «that will meet the challenges
of climate change, energy security and the environment.»
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.
In returning its verdict Thursday afternoon on the sixth day
of deliberations, the Superior Court
jury also pronounced Jose Ines Garcia Zarate not guilty
of assault with a firearm,
finding credence in defense attorneys» argument that the shot that ricocheted off the concrete ground before piercing Steinle's heart was an accident, with the gun discharging after the defendant stumbled upon it on the waterfront on July 1, 2015.
Attorneys for McGowan said after the hearing that they were confident a
jury would
find no proof McGowan knew the drugs were in the wallet or had possession
of the wallet when her plane landed in Virginia.
A suspended Coconut Creek police officer won his first round in court late Monday when a Broward
jury found him not guilty
of molesting an aspiring cop during a supposed training exercise two years ago.
Bill Cosby's 2005 admission that he drugged women to have sex with them was the most compelling piece
of evidence leading a Pennsylvania
jury to
finding him guilty
of sexual assault, one
of the jurors told ABC's «Good Morning America» on Monday.
David Demos, 36, was
found not guilty Thursday
of securities fraud by a federal
jury in Hartford, Connecticut.
Gawker Media president and general counsel Heather Dietrick thinks that it is «more likely than not» that a
jury will
find in favor
of professional wrestler Hulk Hogan — but also that they'll award him significantly less than the $ 100 million he's seeking.
A Brooklyn federal court
jury found him guilty on three
of the eight indictment charges Friday afternoon.
On Tuesday, April 10, 2018, a federal
jury in Eastern District
of Texas awarded VirnetX Holding Corp. (VHC) with a $ 502.6 million verdict against Apple Inc.
finding that Apple was...
If the
jury found that Hogan was entitled to $ 100 million in damages and Gawker was required to post a bond
of at least that amount, the company would not be able to do so without selling itself to a larger company or bringing on outside investors.
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.
Gawker shuttered in August, after a
jury found in favor
of Hulk Hogan's invasion -
of - privacy lawsuit over the site's publication
of parts
of a sex tape featuring the wrestler.
After a highly publicized five - week
jury trial that was the most closely watched
of a wave
of corporate fraud trials, Stewart was
found guilty in March 2004
of conspiracy, obstruction
of an agency proceeding, and making false statements to federal investigators, and was sentenced in July 2004 to serve a five - month term in a federal correctional facility and a two - year period
of supervised release (to include five months
of electronic monitoring).
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.
On Friday, August 4, 2017, a federal court
jury in Brooklyn, New York,
found Martin Shkreli, former CEO
of biopharmaceutical company Retrophin, guilty on three
of eight counts
of securities fraud.
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
jury of six men and six women needed a little over three hours to deliberate before
finding Ulbricht guilty
of charges that included conspiracies to commit money laundering, computer hacking and drug trafficking.
In terms
of finding alpha, the
jury is out, said Louis Scott, founder
of Kiema Advisors, who was presenting joint research with Northfield Information Services.
... The import
of the statement is that the
jury found reason to discredit Jane Doe's claims and therefore acquitted Huon
of the charges; it thus bolsters rather than defames his reputation.
Hey, Piddler, did you ever manage to
find the wording about a «
jury of his peers» in the Const itution?
In a highly controversial decision, a
jury found St. Anthony, Minnesota officer Jeronimo Yanez not guilty
of murder for opening fire on Castile with a 4 - year - old in the back seat
of the car at a traffic stop.
Kingston, Ontario (CNN)- A Canadian
jury Sunday convicted three members
of a family
of Afghan immigrants
of the «honor» murders
of four female relatives whose bodies were
found in an Ontario canal.
CNN: Family convicted in Canada «honor murders» A Canadian
jury Sunday convicted three members
of a family
of Afghan immigrants
of the «honor» murders
of four female relatives whose bodies were
found in an Ontario canal.
On March 20, he held a mock trial
of the Muslim Holy Book, and the
jury — consisting
of twelve people from his congregation —
found the book guilty
of five «crimes against humanity,» including the promotion
of terrorist acts and «the death, rape and torture
of people worldwide whose only crime is not being
of the Islamic faith.»
The
jury has
found Kermit Gosnell guilty on three charges
of first - degree murder
of babies, according to reporter J. D. Mullane, and not guilty
of a fourth murder charge.
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.
San Angelo, Texas (CNN)- A Texas
jury found polygamist sect leader Warren Jeffs guilty Thursday
of two counts
of sexual assault on a child.
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.
However, a
jury found him guilty yesterday
of downloading more than 600 images and 14 videos
of graphic pornography involving children as young as three.