Sentences with phrase «jury trials do»

2004), in which the Court overturned a finding of removability where the fraud evidence of conviction through jury trial did not demonstrate the required elements of the aggravated felony definition.

The act of filing for a jury trial doesn't guarantee that the tenant won't be evicted, but it will likely make the eviction process more time - consuming and expensive for the landlord.

As Ed999 observes, the law governing jury trials does vary between jurisdictions.

Not exact matches

«Edwards wasn't convicted, but his jury hung on several counts, and the trial was driven by factual questions: Did Edwards know about the payments, and was their purpose political, or were they simply intended to keep the peace within Edwards's marriage?»

While there were dissenters, the Supreme Court found that Skilling's negative publicity didn't prevent him from receiving a fair trial — especially because Houston was the fourth - most - populous city in the country, allowing for a large jury pool.

If Gawker does lose the jury trial, it is likely to win on appeal.

Another congregant, who said she chose not to read any news coverage of the trial, struggled with her own internal conflict, saying she trusted that the jury had made the right decision while holding out hope that Sandusky did not really abuse the boys who testified against him.

Potentially big news out of St. Louis today, where a grand juror in the Darren Wilson trial, who is known only as «Grand Jury Doe,» is suing St. Louis County Prosecutor Robert McCulloch, alleging that McCulloch presented information in a «muddled» and «untimely» manner.

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.

but that's still a good reason for bifurcating trials into a determination of guilt and a determination of the sentence, with a separate jury doing each phase.

We're still awaiting a decision from the jury in former Senate Majority Leader Pedro Espada Jr.'s federal corruption trial, but we do have some (more bad) news to report about the embattled former Bronx Democratic lawmaker.

Last month, the Second U.S. Circuit Court of Appeals reversed Silver's conviction for doing favors on behalf of a cancer researcher and developer who funneled $ 4 million legal referral fees to the former speaker, ruling the jury instructions were wrong and Silver was entitled to a new trial.

«We wanted to give them a fair trial and we did,» the foreperson said, adding that the state gave the jury a «great timeline» and «did a very good job.»

Trial and jury consultant Marshall Hennington said one reason personal - injury lawyers do so well in The Bronx is because «disenfranchised» jurors often make decisions based on emotions rather than evidence.

Judge Valerie Caproni, concerned that the trial was already dragging on too long, said she did not want the lawyer infecting others on the legal teams or in the jury.

A revealing detail in the process of jury selection before Silver's trial Monday was a question Judge Valerie Caproni posed to Manhattan residents: Do you know whether Mr. Silver represents your district?

After a jury body - slammed Sheldon Silver this week, the only real question left for Dean and Adam Skelos at their trial across the street is: «What size orange jumpsuit do you wear, fellas?»

Lynch ruled some of the witnesses could in fact be considered accomplices but a grand jury does not need to be instructed to the same degree of precision as a trial jury.

After the judge dismissed the «jury» at the beginning of the trial (he actually didn't make us leave, the dismissal was for dramatic effect), he and the lawyers went through the procedures that would be undertaken in a real case to determine if evidence should be admitted for the jury to see.

But make it a fantasy of celebrity and, in O.J.'s case, miscegenation, sexual jealousy, retribution, and so on... It wasn't about the trial, man, it was about the way narrate history; when the jury came back with exactly the wrong conclusion, it served to confirm that nothing that you see has anything to do with what's real.

After that, I didn't write anything more about the crime until Isaiah Kalebu's jury trial, which began almost two years later in the summer of 2011.

Not so, like lawyers bringing up inadmissible evidence or points in trial and the judge tells the jury to ignore it, the damage is already done.

The decision is a useful read for those considering utilizing a jury trial, as well as for those who are simply interested in learning about a facet of our justice system that often does not receive significant discussion.

i.e. show up to the arraignment but don't sign anything giving up your right to a trial by jury then that's what you will get - a trial by jury.

If you do go to trial and get a guilty verdict, you can ask that the jury be the ones to assess punishment.

«More often than not, the court of appeal and the trial courts say that they can correct what the Crown has done wrong by instructing the jury, and I must say I find that unsatisfactory in most cases,» Lockyer says.

If you do sign something waiving your right to a jury trial, you could possibly take defensive driving, ask the court for deferred adjudication, or anything else the judge wants to let you do.

- also not that if you also want the jury to assess the fine if they find you guilty then you NEED to ask the judge to tell them to do that PRIOR to the start of the trial.

Presented with this verdict form following the trial, the court observed that the Verdict Amount ($ 336,300) did not equal $ 207,600 multiplied by 62 percent, and asked the jury to reconsider its computations.

Nevertheless, the fact that a person, below the low income cut - off, has his or her income largely consumed by those basic necessities obviously means that they do not have sufficient income to allow for extraordinary expenses, such as the fees necessary to retain a criminal defence lawyer to provide representation in a criminal jury trial.

If you're prepared to presume, absent something relevant to the contrary, the validity of what amounts to an unexplained jury decision so long as the relevant evidence is capable of supporting that decision, what's the basis for your problem with what the trial judge did here (assuming you have a problem)?

2) Question: I just got convicted of murder but I must say that I did not hear the jury get «hearkened» at the end of my trial.

As the Des Moines Register reports, Casey's on Friday filed a petition in U.S. District Court, asking for a jury trial and seeking a declaration that the term «footlong» is generic and does not violate any trademark owned by Subway.

Doing away with arbitration in this context would prohibit employers from requiring employees or applicants to waive their legal right to a trial by jury in order to work.

You do not have a right to a jury trial in workers compensation.

Why did a Canadian court allow the most intimate part of Cindy Gladue's body to be evidence in a jury trial?

In simpler terms, just because a defendant is not found guilty of a criminal act, it does not preclude that defendant from going before a civil jury in a civil trial.

511, 873 P. 2d 413 (1994), a decision by an intermediate appellate court, in which the defendant does not appear to have objected to the trial court's instructions as inaccurate, incomplete, or insufficient, for failure to inform the jury concerning a statutorily mandated $ 500,000 cap on noneconomic damages.

This option gives parties the chance to have a mistrial declared, allowing a new trial without the risk of double jeopardy, if the party can show evidence that the jury did not follow the instructions given to it by the court.

However, the Ontario Court of Appeal overturned his conviction because the jury at his trial did not have any Aboriginal members.

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.

One final note — at trial, juries do not typically know about the noneconomic damages cap.

Both parties» lawyers are first - rate, so anything could come out of this jury trial, but if the jury doesn't after the first five questions get to the nitty - gritty technical detail, then it's unlikely to get things right.

Given that there is only a limited amount of work left to do in order to adjudicate the withdrawn patents, I think there's a pretty good chance that these patents will go to trial, be it a bench trial or a jury trial, in 2013.

The Court of Appeal held that the trial judge's only errors were in the wording of the question to the jury regarding causation, and that the trial judge stated he did not have jurisdiction to poll the jury when he did.

However, the Court found that the defects in the question to the jury did not necessitate a new trial, and that the trial judge was correct not to poll the jury in the circumstances, despite having the jurisdiction to do so.

We have approximately 15 attorneys throughout our three and four offices, and each one does 1 to 2 jury trials every single month.

The low - income tenant deserved the same level of zealous legal representation than the rich corporation that I would have represented in the old law firm, so every case we demand a jury trial where the attorneys at Basta at great personal sacrifice and time are willing and do take every case to jury trial if we do not get the results we want in a resolution.

You have a judge trial that lasts 30 minutes against someone who is not represented — the perception is different than if you're doing a five - day jury trial which is hotly contested, with the regular rules of evidence, the rules of civil procedure.

And if your client does decides to go to trial, you will want to craft your narrative to some degee depending on what sort of jury you end up with.