Sentences with phrase «se defendant»

McCarthy said he was not aware of a pro se defendant in Montgomery winning an acquittal in a serious felony in his 27 years as a prosecutor there.

Although pro se defendant has latched on to the notion that to have standing in an Article III civil controversy, the party bring the action must have a concrete stake in the litigation and have suffered an injury - in - fact, he fails to appreciate the distinctions to be drawn between a criminal case and a civil controversy.

However, Annino's perspective of his role as an advocate changed radically one day in an Atlanta courthouse when he met privately with the pro se defendant in one of his client's foreclosure actions - an elderly woman whose husband had recently passed away.

In the context of housing court for a pro se defendant, the desired outcome is to get through the process with as little cost and as good an outcome as possible.

Judge William A. Carter of Albany County, N.Y., allegedly removed his glasses, threw off his robe and approached an agitated pro se defendant, saying, «You want a piece of me?»

Judge Vincent Femia, a Prince George's County judge and former prosecutor with 47 years of experience told the Washington Post, which carried the story, that he was not aware of a pro se defendant ever winning an acquittal in a serious felony his in all his years of practice.

Levy spokesman Mark Smith said in a statement that «this is not a court - ordered subpoena but was concocted by a desperate, pro se defendant seeking to create a Jerry Springer atmosphere to divert attention from his mortgage fraud indictment.»

Levy spokesman Mark Smith said the county executive would move to quash the subpoena, adding: «This is not a court - ordered subpoena but was concocted by a desperate, pro se defendant seeking to create a Jerry Springer atmosphere to divert attention from his mortgage fraud indictment.»

Present at the hearing were several lawyers representing the music industry and a handful of pro se defendants, and Judge Gertner made no bones about pointing out the obvious imbalance:

There's mention of an interesting discussion at SCOTUS blog on the decline in paid petitions for cert to the U.S. Supreme Court, whether judges accurately report facts in summary judgment motions (one way to tell is to read the dissents, according to the post) and an interesting study on pro se defendants who apparently perform fairly well in criminal proceedings.

U.S. District Judge Nancy Gertner, concerned about the imbalance between big record companies and pro se defendants, pointed lawyerless defendant Joel Tenenbaum to Charles Nesson, a professor at Harvard Law School and a founder of Harvard's Berkman Center for Internet & Society.

Family law attorneys may send advertising letters to pro se defendants in divorce cases, determining who to contact based on parties» ZIP codes.

But ambitious pro se defendants will find a lot of useful information in Holland's article, too.

In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts... of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge....

Nationwide attorneys previously partnered with the LASC to staff a clinic to assist pro se defendants in consumer collection cases prepare and file answers and manage simple discovery.

Not exact matches

WHITE PLAINS, NY — Westchester County District Attorney Janet DiFiore announced that over the period of nearly two years, the two defendants named below are charged with stealing approximately $ 280,000.00 from the City of Yonkers for school bus se

Legislatures per se are not normally defendants in the lawsuits, and so can not mount their own defense in court.

Defendants» conspiracy and agreement, in which the Publisher Defendants and Apple agreed to raise, fix, and stabilize retail e-book prices, to end price competition among e-book retailers, and to limit retail price competition among the Publisher Defendants by fixing retail e-book prices, constitutes a per se violation of Section 1 of the Sherman Act, 15 U.S.C. 1.

Where, as here, defendants have engaged in a per se violation of Section 1 of the Sherman Act, no allegations with respect to the relevant product market, geographic market, or market power are required.

The horizontal portion of the conspiracy constitutes per se illegal conduct in that the Publishers Defendants and Apple agreed to raise, fix, stabilize and maintain the retail consumer prices the eBook versions of hardcover best sellers and new releases at artificially high levels.

When you think about some of the prosecutorial abuses in the criminal process even where defendants are represented by counsel, the odds that Stewart could beat his charges at a pro se are very high indeed.

Proving that a defendant violated a statute or regulation may help a victim or their family bring a claim under a theory of negligence per se.

The forgoing in no way can excuse Judge Boswell for her ignorance nor the disregard of the ADA's admonition that there were requirements to be met in determining is a pro se is competent to proceed and if the defendant's claim of being ready for trial by way of a waiver to the right of counsel is knowingly and intelligently being waived.

I failed to make the point that a pro se creating on his / her own, a clear written motion will be much better prepared to argue that motion before a judge than attempting to «wing it» thereby often proving to a judge that indeed the defendant or a petitioner in civil court has the ability to proceed as a pro se.

Here's yet another story of a judge disrespecting pro se litigants, this time by refusing to allow a criminal defendant to represent himself.

The plaintiff must prove that the defendant failed to behave with the level of care that a reasonable person in the same circumstances would have exercised, or violated a law or statute (negligence per se).

In most cases, and especially when you are proceeding pro se, you can expect the defendants to file some type of a dispositive motion in an effort to kill your case before trial.

After canvassing the defendant regarding the pitfalls of proceeding pro se, the trial court ruled that it would have to let the defendant «self - represent... during this point...» Consistent with this ruling, the court's docket sheet reflects the court clerk's notations indicating that, for purposes of the defendant's testimony only, the defendant was allowed to represent himself and standby counsel was appointed.

@DM - And as I said in the comment on my answer, had the defendant actually been forced to represent themselves pro se, then that rule might apply.

I see there is a recent 304 paragraph decision in B.C. — Newman et al v. Halstead et al, 2006 BCSC 65 — in which the court awarded damages totalling $ 681,000 against an individual defendant (who did not appear at the trial, hence there was no defence per se) for her liability in making defamatory statements on her website, chat rooms and email about various teachers in which she made allegations of misconduct and allegations that the School Board mishandled or covered up this activity.

Suggestions that Essar gives rise to uncertainty amounting to a deterrent to arbitrate are, with the greatest respect, misconceived and overly defendant / respondent focussed; there is little certainty in the outcome of an arbitration per se.

Indeed, one might consider that a well - resourced defendant / respondent equipped with knowledge of the funding per se would be able to assess the extent of its potential downside based on the broker's evidence as to market pricing in Essar as accepted by the arbitrator (and implicitly by Waksman Q.C.).

The defendant is charged with the crime and the defendant has the option of hiring a criminal defense lawyer, having one appointed by the court if they are broke or representing themselves (pro se in the latin).

This doctrine, called «negligence per se,» allows victims of allegedly negligent conduct to prove their cases without going through the trouble of proving the defendant's conduct was negligent.

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $ 10,000 punitive damage award tacked onto the $ 1.2 million in compensatory damages.

In a family's suit for damages from mold contamination due to water leakage in their military housing, defendants win summary judgment on plaintiffs» claims except for their claim for negligence per se; the Norfolk U.S. District Court also denies defendant...

They name BP administrator Kenneth Feinberg as the primary defendant and assert claims of gross negligence, negligence, negligence per se, fraud, fraudulent inducement, promissory estoppel and unjust enrichment.

Negligence per se applies when a defendant violates a law designed to protect a class of which the plaintiff is a member, the violation causes an accident, and the law was designed to prevent the type of harm that results.

Would someone be able to come into court and use the fact that the defendant was within the «warn limit» to support a negligence per se action, when the defendant never had the opportunity to mount a defense against this non-crime?

The plaintiffs then brought suit against the various defendants, asserting claims for, inter alia, fraud, intentional infliction of emotional distress, breach of contract, negligence, negligence per se, and conversion.

Slander comprised the defendant's announcement at a meeting of the Seventh Day Adventist Church that the claimant had threatened to slit her throat (actionable per se as the words imputed the commission of the indictable offence of making a threat to kill).

I cite this latter quote not in respect of wage losses per se, but for the implicit assumption that a defendant is entitled to particulars of special damages.

A plaintiff who alleges she sought a partial knee replacement with a Makoplasty but was «blocked» by defendant physician and medical practice from making an appointment for surgery has her pro se suit dismissed by the Norfolk Circuit Court.

The Seventh Circuit stated that to establish the per se illegality of a tying arrangement, the CSVC must show that: (1) the tying arrangement is between two distinct products or services; (2) defendant has sufficient economic power in the tying market to appreciably restrain free competition in the market for the tied product; and (3) a not insubstantial amount of interstate commerce is affected.

The court found that the defendant's use of «no children» in its rules constituted a per se violation of the Act's prohibition on discrimination based on family status and granted summary judgment on this claim.

Thus, the court held that the defendants» actions constituted a group boycott which was per se illegal under the Sherman Act.

In a case alleging a per se offense the defendant is not permitted to introduce evidence to show the reasonableness of the restraint because its unreasonable anti-competitive nature is presumed and conclusively established.