Sentences with phrase «made by defense counsel»

Lyle explains the arguments being made by defense counsel, and opposed by prosecutors, for the possible «trifurcation» of Moussaoui's death penalty trial.

Not exact matches

He was latter considered on bail on the 3rd of September 2014 by Chief Magistrate, Basiru after his defense counsel A. O Sanusi made an oral application.

Technical Answer: «If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage... we will pay up to our limit of liability for the damages for which the insured is legally liable... and provide a defense at our expense by counsel of our choice even if the suit is groundless, false, or fraudulent.»

«According to the defense motion, filed by attorneys at Moore & Riemenschneider, Piccolo (plaintiff) testified she had a Facebook account and was asked at deposition if the defense counsel could send a «neutral friend request» to Piccolo so that he could review the Facebook postings Piccolo testified she made every day.»

If the court or DA would have insisted upon a drug test had it not been waived by defense counsel, and the defendant would have failed it if they had insisted, even if the defense lawyer made a mistake, it was probably a harmless error, and relief would not be available.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

The lawyers in our White Collar Defense & Regulatory Enforcement Group recognize that decisions made by counsel at the outset of a case can reduce the risk of such charges and damage.

Instead, if settling the dispute is the goal, then defense counsel should not be openly dismissive of the plaintiff's injuries, but instead make the plaintiff feel heard by employing the tactics discussed above.

1 For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Make?

Although plaintiffs» lawyers were twice as likely to make a mistake (determined by getting a judgment less than the final settlement offer), defense counsels» errors were vastly more expensive for clients — the average costing $ 43,000 on the plaintiff side versus $ 1.1 million for the defense.

As revealed throughout Part II, prosecutors, probation officers, and judges have many official and unofficial opportunities to make discretionary decisions that directly impact federal sentencing outcomes, and these decisions can be greatly influenced by the efforts of defense counsel at every stage of the federal sentencing process.