In an indication of the tough justice being meted out to people accused of offences related to this week's riots, a Guardian analysis of more than 120 cases before magistrates courts so far has found
the majority of defendants being remanded in custody — even when they have pleaded guilty to relatively minor offences.
We don't often hear about hidden assets in personal injury lawsuits, but that's because
the majority of defendants aren't independently wealthy.
This matters because
the majority of defendants — a 2014 study put it at 80 percent — use some kind of indigent defense.
The basis of ground (b) was that
the majority of the Defendants» sales occurred in China, whereas only a small proportion occurred in the United Kingdom and thus the centre of the dispute from the point of view of commercial significance was based in China.
The vast
majority of defendants in Orleans Parish who are released from jail under financial conditions purchase bail bonds.
The vast
majority of defendants coming before the courts are suffering from addiction, poverty or mental ill - health — very often they suffer from all three.
Of the 150 cases before magistrates courts so far,
the majority of defendants were remanded in custody despite pleaded guilty to relatively minor offences.
Not exact matches
«Sadly, it is unsurprising that
of all
of the individuals and entities to whom Soundview owes money, the
defendant and his immediate family received the
majority of Soundview's last funds and apparently did so without having to justify their claims to it,» Assistant U.S. Attorneys Carolyn Pokorny, Roger Burlingame and Todd Kaminsky wrote.
According to a summary
of the indictment, provided to reporters, «the
majority of sales took place in broad daylight in residential neighborhoods in Harlem and East Harlem... the
defendants received more than $ 52,000 as a result
of the firearms purchases during the investigation.»
«To the best
of my knowledge, information and belief, the Plaintiff [Dominic Ayine] brought this action in his name fronting for the immediate past Government to set at naught the popular wishes
of the
majority of the Ghanaian electorate who see the President's acceptance
of the nomination
of the 2nd
Defendant [Martin Amidu] as Special Prosecutor, as being in the national interest to attack the canker
of corruption in the body politic,» Martin Amidu indicated in his affidavit verification sighted by Citi News.
If a
majority of the Board considers that the charges allege such conduct, the Board shall order a hearing and shall appoint a hearing committee
of not less than three and not more than nine members
of the Club having no direct personal involvement in the issues to be heard, and shall fix a date and time for such hearing at a place within the region where the
defendant resides.
If a
majority of the Board considers that the charges, if proved, might constitute conduct prejudicial to the best interests
of the Club or the Breed, the Board shall order a hearing committee
of not less than three and not more than nine members
of the Club having no direct personal involvement in the issues to be heard, and shall fix a date and time for such hearing at a place within the region where the
defendant resides.
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and
defendant, the Board or Committee may by a
majority vote
of those present reprimand (a written reprimand directed exclusively to the member may be somewhat detailed but an official (published) reprimand should only indicate that subsequent to a board hearing»... member (X) was officially reprimanded as a result
of charges filed by member (Y) or suspend the
defendant from all privileges
of the club for not more than six months from the date
of the hearing, or until the next Annual Meeting, if that will occur after six months.
Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and
defendant, the Board may by a
majority vote
of those present reprimand or suspend the
defendant from all privileges
of the Club for not more than six (6) months from the date
of the hearing.
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and
defendant, the Board or committee may by a
majority vote
of those present, suspend the
defendant from all privileges
of the Club for 12 months.
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and
defendant, the board may by a
majority vote
of those present reprimand (a reprimand is a written warning to a member after charges have been filed in accordance with the bylaws, and it is determined that the member's conduct was not severe enough to warrant a suspension or a recommendation for expulsion) or suspend the
defendant from all privileges
of the club for not more than six months from the date
of the hearing.
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and
defendant, the Board or committee may by a
majority vote
of those present suspend the
defendant from all privileges
of the Club for not more than six months from the date
of the hearing, or until the next Annual Meeting if that will occur after six months.
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and
defendant, the Board or Committee may, by a
majority vote
of those present, suspend the
defendant from all privileges
of the Club for not more than six months from the date
of the hearing, or until the next annual meeting if that will occur after six months.
Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and
defendant, the Board or Committee may by a
majority vote suspend the
defendant from all privileges
of the Club for not more than six months from the date
of the hearing.
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and
defendant, the Board or Committee may by a
majority vote
of those present reprimand the
defendant, or suspend the
defendant from all privileges
of the Club for not more than six (6) months from the date
of the hearing or until the next annual meeting if it will occur after six (6) months.
Should charges be sustained, after hearing all evidence and testimony presented by complainant and
defendant, the Board may, by
majority vote
of those present, suspend the
defendant from all privileges
of Bloodhounds West for not more than six months from the date
of the hearing.
In Chester, if one takes the
majority and dissent speeches (reasons for judgment) at face value — the split was 3 - 2 — the plaintiff succeeded on the normative basis that the duty
of care in issue was so important that that justified dispensing completely with any requirement for a causal connection between the
defendant's negligence and the plaintiff's injury.
It knows as both the legal aid funder
of clinical negligence litigation and as the
defendant compensator (as it is in the vast
majority of clinical negligence cases) that access to justice is extremely costly to it in costs and damages, and that by attacking access to justice its outlay in both regards will be reduced substantially.
FWIW, this is much more generous than under U.S. law in which no compensation
of any kind is payable to an acquitted criminal
defendant in the vast
majority of cases either by the government or by an accuser.
As with the
majority of crimes, once a
defendant has been arrested for domestic assault they will be taken into police custody and booked into the system.
However, the
majority noted this general rule has been held not to apply when the suicide «is a reasonably foreseeable consequence
of the
defendant's negligent conduct.»
The
Defendant accepted the
majority of the blame for the accident, but argued that the Plaintiff should be 10 - 20 % responsible for failing to avoid his vehicle, which was a visible and foreseeable risk to her.
The
majority also insists that the procedural rule confirmed in Vonner somehow eliminates the need for a contextual inquiry when determining the sufficiency
of a
defendant's objection, despite the fact that Vonner explicitly requires us to conduct such a contextual review when evaluating the sufficiency
of the district court's sentencing pronouncement.
He has frequently been the lone dissenter, particularly in criminal cases where he writes in favor
of the
defendant, even when the arguments arrayed against his position are so formidable that his colleagues have joined the
majority and moved on.
The most serious issues arise in one
of the situations that Justice Sotomayor addresses which the
majority does not adequately consider in the rebuttal in its own opinion, which is the situation where there are multiple possible
defendants with different home states, whose relative liability is unknown or independent or mutually dependent.
From more than 30 years
of trying federal cases, I believe the
majority of evidence favorable to
defendants is found in such reports.
We merely reaffirm what we have held before and what an overwhelming
majority of American jurisdictions understand in practice: a criminal
defendant's initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start
of adversary judicial proceedings that trigger attachment
of the Sixth Amendment right to counsel.
Unlike lawyers who represent the vast
majority of criminal
defendants, Côté had at her disposal the most powerful resources
of state to prosecute her case.
If, for example, the party responsible for the
majority of the injury is unable to pay the damages, the other
defendants are not required to «pick up» that portion
of the damages to ensure that the victim is fully compensated.
But how much impact will these rulings have for the
majority of criminal
defendants whose employer isn't contractually obligated to pay for their defense or who lack the money to hire the lawyer
of their choice?
In yesterday's Supreme Court decision in US v. Gonzalez, a 5 - 4
majority decision authored by Scalia overturned a conviction where the Court denied the
defendant his Sixth Amendment right to representation by the lawyer
of his choice.
«The lesson for plaintiffs is,» said Randall L. Kiser, a co-author
of the study and principal analyst at litigation consulting firm DecisionSet, «in the vast
majority of cases, they are perceiving the
defendant's offer to be half a loaf when in fact it is an entire loaf or more.»
(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.
In Ferrara v. Lorenzetti, Wolfe6, the
majority judgment
of the Court
of Appeal (Laskin and Sharpe, J.J.A.) held the plaintiff's claim against the
defendant solicitor was NOT statute barred.
The limitation for this cause
of action will not begin to run against the infant plaintiff until he reaches the age
of majority on February 2, 2012 and it seems to be the
defendant is no more prejudiced by a stay
of proceedings then he would be had the plaintiff waited until then to commence this action.
The
majority of the court has rejected
defendant's sentencing arguments that the sentence was unreasonable because there was insufficient evidence to convict him and, separately, that the fact
of the sentence disparity between
defendant and Lugo itself establishes that the sentence is unreasonable.
A complete reading
of the
majority decision as well as the subsequent interpretation
of that decision in R. v. La leads us to conclude that Carosella must be limited to its peculiar circumstances, being the deliberate destruction
of records, for the purpose
of ensuring that the records would be unavailable to assist a certain class
of defendant.
Did CJ Roberts» vote for
defendant Cunningham at the Justices» private conference right after oral argument and then assign the opinion Justice Ginsburg OR was CJ Roberts» initially with the dissent until he saw that the
majority opinion had the weight
of nearly all recent precedents on its side?
(In the long run, that would also benefit Apple, which is a
defendant in the vast
majority of patent cases that it's a party to.)
The vast
majority of New Orleans personal injury lawsuits involve the pursuit
of damages through a
defendant's insurer.
The
defendants brought a motion to have the plaintiff's claim stayed, arguing that the action should be heard in Israel, as the
majority of the publication
of the article was in Israel, and only 200 - 300 persons in Canada read the English online article.
If the lower court finds that there was a systemic breakdown affecting this particular
defendant, an indigent Vietnamese immigrant who allegedly killed another Vietnamese man and his 2 - year - old son and severely injured the man's wife in execution - style, back -
of - the - head shootings, Justice Harold D. Melton wrote for the
majority in the 4 - 3 decision, then that determination must be factored into an analysis
of whether the
defendant's speedy trial rights were violated.
A similarly worded expression is found in that part
of the
majority opinion sustaining the overruling
of the
defendants» general demurrer to the indictment.
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.
The
majority opinion by Justice Ginsburg accords with the principle
of defendant autonomy, and the long - standing maxim that the Sixth Amendment guarantees the right to a personal defense.