Not exact matches
But Belling, forced to leave the Erie County district attorney's office at the end
of last year, may be best known for two high - profile cases: the
acquittal on the most serious charges against Dr. James G. Corasanti and the murder conviction (later
resulting in a manslaughter plea)
of Jeffrey J. Basil.
Of the cases, one
resulted in death sentence, nine still pending and the other three in
acquittal.
As a
result, Parliament has accepted that an
acquittal at trial on an indictable offence can not be overturned unless an error
of law was made.
For what it is worth, only about 1 %
of criminal charges brought
result in an
acquittal at trial.
About 10 %
of cases go to trial and about 10 %
of cases that go to trial
result in an
acquittal or hung jury (in very round and approximate numbers that vary greatly from jurisdiction to jurisdiction and by type
of case).
He had also achieved great amounts
of success that included securing an
acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that
resulted in the overturning
of a conviction for possession
of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.
If you are facing both an impaired and over 80 (or refuse) charge, being acquitted
of the impaired charge will not automatically
result in an
acquittal on the over 80 (or refuse) charge as well.
The B.C. Court
of Appeal overturned the
acquittal of Timothy Dale Bornyk and ordered a new trial as a
result of the conduct
of Supreme Court Justice Gordon Funt in R. v. Bornyk.
In a domestic situation, this may
result in a perpetrator being kept away from his home and family, even following
acquittal of a criminal charge.
Bayne's arguments
resulted in Duffy's
acquittal on all
of them.
The Court
of Appeal concluded that «while it can not be said that no jury acting judicially could reasonably convict, we are satisfied that if a new trial were possible, an
acquittal would clearly be the more likely
result.»
[751] We have set out in some considerable detail why, on the totality
of the material now available, we are satisfied that an
acquittal would clearly be the more likely
result if a new trial on the merits could be held.
On reconsideration and after having spoken to a an expert or two, I've concluded that all the panel meant by para 787 is that (1) there were two valid choices that could be made on the evidence: guilty or not guilty; (2) the panel thought that the more probable
result at any trial would be not guilty; and (3) in the circumstances, since the ONLY routes open to the panel in light
of the miscarriage finding was a new trial or the entry
of an
acquittal and since a new trial was inappropriate etc in the circumstances the correct procedure was to enter the
acquittal.
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.»
As Entenmann's learned, doing so may
result, unwittingly, in a Kenneth Cole Type 2 embarrassment if you later learn that the trending hashtag (e.g.,» #notguilty) relates to the controversial
acquittal of a woman on child murder charges.
While FIJA previously pointed out that the Malheur Refuge occupation
acquittals were probably not the
result of jury nullification, we have been keeping an eye on other related trials, such as this one, for potential conscientious
acquittals.
She also represented two
of the four British Airways executives facing allegations
of price - fixing in the first contested trial
of its kind in the UK,
resulting in
acquittals for all four individuals.
Norm Pattis is veteran
of more than 100 successful jury trials, many
resulting in
acquittals for people charged with serious crimes, multi million dollar civil rights and discrimination verdicts, and successful criminal appeals.
It is a reasonable policy which, if implemented in a considered way by front line prosecutors, will ensure that cases where no evidence should be offered will
result in
acquittals and stays
of proceedings will be directed only in those rare cases where there is a likelihood
of recommencement.
As part
of our practice, we have achieved significant
results for our clients, from reductions and dismissals, to
acquittals of charges as serious as murder.
While the report notes there's no comprehensive data on all
of these situations, it found there are about 125,000 non-conviction records created each year as a
result of withdrawn charges, stays or
acquittals.
Both numbers are likely to be lower bounds for impropriety that reaches judicial notice, given the number
of cases in which prosecutorial missteps are addressed by trial judges, or take place in cases that
result in
acquittals or are not appealed.
While we can not, and will not, guarantee
acquittals in every case, we can, and we do, guarantee that we will bring all
of our skill, judgment, experience and hard work to the task
of securing the very best
results for our clients in what is, for most, an extremely stressful experience which can carry with it possibly devastating consequences.
The trial judge accepted Levkovic's arguments,
resulting her
acquittal, which was subsequently overturned by the Court
of Appeal.
The judgment, which sets aside Tatton's
acquittal and orders a new trial, provides a two - step process that must be taken into account when determining whether property damage is a
result of a specific - or general - intent offence.
The recent
acquittal of Sean Hoey (see R v Sean Hoey [2007] NICC 49, 20/12/2007) and the swingeing criticisms by Mr Justice Weir
of the use
of forensic evidence, including low copy number DNA (LCNDNA), in the case, highlight the huge drawbacks if forensic techniques are not used correctly or its
results are misinterpreted.