Not exact matches
New Jersey Sen. Robert Menendez was ordered to face 18 counts
of corruption — dashing his hopes for an early
acquittal based on the same Supreme Court decision that
overturned convictions for two ex-New York legislative leaders: Sheldon Silver and Dean Skelos.
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.
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.
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.
The Ontario Court
of Appeal accepted this argument and the Appellant's convictions for Assault and Assault with a Weapon were
overturned and an
acquittal entered.
On July 21, 2016, Justice J.E. Topolniski
of the Court
of Queen's Bench
of Alberta, at Edmonton, released her ruling in R v JR, 2016 ABQB 414
overturning the
acquittal of a young person for sexual assault.
The Court
of Appeal
overturned the conviction and entered an
acquittal.
The basis for
overturning the
acquittal was the trial judge had failed to consider the cumulative effect
of the evidence.
The trial judge accepted Levkovic's arguments, resulting her
acquittal, which was subsequently
overturned by the Court
of Appeal.
In his reasons for
overturning the
acquittal, Justice Krelove stated that during the first trial «the learned Justice
of the Peace erred in law by admitting and relying upon irrelevant and otherwise inadmissible evidence.»