Sentences with phrase «remedy of a new trial»

Another court explains that «the applicable remedy analysis for a Brady violation is as follows: (1) a Brady violation requires a remedy of a new trial; (2) such new trial may require striking evidence, a special jury instruction, or other additional curative measures tailored to address persistent prejudice; and (3) if the lingering prejudice of a Brady violation has removed all possibility that the defendant could receive a new trial that is fair, the indictment must be dismissed.

Not exact matches

«Gastrointestinal hormone measurably improved symptoms of non-alcoholic fatty liver disease: In clinical trial, treatment significantly reduced liver fat in NAFLD and NASH patients, offering possible new treatment for conditions that currently lack medical remedies.»

If the Minister is satisfied that those matters provide a reasonable basis to conclude that a miscarriage of justice likely occurred, the Minister may grant the convicted person a remedy and return the case to the courts — a referral of the case to a court of appeal to be heard as a new appeal, or a direction for a new trial.»

We now indicate why we are not satisfied that an acquittal would be the only reasonable possibility and why, absent the unusual circumstances of this Reference, the normal remedy would be a new trial.

• As there are relatively few cases that go to trial in IP matters in Canada compared with other areas of law or even compared with other jurisdictions, and as it takes the Canadian government so long to adopt new legislation, it may be challenging to advise clients about the rights, recourses, and remedies they may have when dealing with innovative matters.

Finally, I go on to explain why the appropriate remedy in the circumstances is to send the matter back for a new trial where the issues of whether the appellant has proved an abuse of process and whether a stay is warranted can be pursued.