Sentences with phrase «trial in this case finding»

Update June 8, 2017 — Today the BC Court of Appeal ordered a new trial in this case finding the trial judge made several errors.

Not exact matches

The jury spent a total of just 14 hours in the penalty phase of the trial after finding Tsarnaev guilty on all 30 criminal counts, but an automatic appeal means his case will drag on.

It appears none of Shkreli's hedge fund investors actually lost money in the end, but he was so widely reviled by the time of his trial that it was difficult to find an unbiased jury to hear the case.

«Canada doesn't have a well - developed system of prosecution of white - collar crime and I think, quickly, the government will find itself overwhelmed,» Mr. Dattu said, as trials in such cases are inevitably lengthy and expensive.

In its appeal to the Full Court, Prysmian argued that the trial judge erred in finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismisseIn its appeal to the Full Court, Prysmian argued that the trial judge erred in finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein the conduct, had been dismissed.

On this basis the trial judge concluded that (para 298) «if Franklins was in the relevant market with Metcash (as the Commission clearly contended), it must be the case that the major supermarket chains, which his Honour found to be a closer competitive constraint than Franklins, must be included in that market.»

ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»

Well, this isn't always the case and sometimes it takes a lot of trial and error to find a position that both you and your baby are comfortable feeding in.

Two cousins charged in the deaths of four young men found buried on a suburban Philadelphia farm are expected to resolve their criminal case without a trial.

Catherine Leahy found guilty of interfering in drugs trial in first case of its kind in Scotland

The appellate judges in Silver's case found that, under the Supreme Court's ruling, the instructions given to the jury at Silver's trial were improper and prejudicial.

In other words, their case should be referred to the EFCC for proper investigation and trial, more so when the President has not told us what the report of the findings was.

«Even the case of the former National Security Adviser, Col. Sambo Dasuki (retd), that they said stole $ 2.1 bn arms money and that destructive weapon capable of disrupting the peace of any city in Nigeria were found in his possession, why are they the ones seeking for secret trial while Dasuki that they accused is insisting on open trial?

Assemblyman Sheldon Silver — one of the most powerful men in Albany for two decades and a constant in shaping state policy under five governors — was found guilty Monday of selling his office for legal fees, capping a trial that cast new light on the capital's lax ethics laws and handing federal prosecutors a big win in a case that had lacked a smoking gun.

(WBEN) Three months after Gov. Andrew Cuomo's former top aide was found guilty of corruption, three others with much closer ties to Buffalo will go on trial in a related case that is expected to include the same - albeit somewhat discredited - star prosecution witness.

Findings published Wednesday of the first randomized, controlled trial of the treatment, ZMapp, don't provide a definitive answer either, but they could provide scientists with crucial data to consider in the case of future outbreaks.

A retrospective analysis of those who participated in phase III trials in 2011 found that those who had never had a dengue infection at the time of vaccination were in rare cases at risk of enhanced disease, although the Dengvaxia vaccine did reduce infections and cases of serious illness in those who had previously suffered from dengue.

The trial also recorded fewer cases of lung cancer in those on the treatment, consistent with basic research findings hinting that the same inflammatory pathway may initiate or spur tumor growth.

Although a judge initially ruled that Singh's words constituted an assertion of fact, which would have made it hard for him to win a trial case, in April 2010 an appeals court found that his statement qualified as «fair comment» and was therefore protected.

Called the Canakinumab Anti-inflammatory Thrombosis Outcomes Study (CANTOS) and funded by the drug giant Novartis, the trial also found fewer cases of lung cancer in those on the treatment, rekindling basic research findings hinting that the same inflammatory pathway may initiate or spur the growth of such tumors.

«We are exploring alternative directions for developing this compound, including potential use of the animal efficacy rule,» Cihlar said, referring to a regulatory mechanism under which the U.S. Food and Drug Administration may consider efficacy findings from adequate and well - controlled animal studies of a drug in cases where it is not feasible or ethical to conduct human trials.

In these cases, all neurologists can do is attempt to find the right combination of medication through trial and error.

[44] Two other phase II clinical trials evaluated the efficacy of imatinib in patients with melanoma — including mucosal melanomas — harboring KIT mutations and / or amplifications, with a subset of cases involving mucosal primaries, and both found a disease control rate of approximately 50 %.

Unfortunately, human trials and surveys that have attempted to associate vitamin E intake with cancer incidence have found that vitamin E is not beneficial in most cases.

Calhoon & Fry (1999) found that the low back accounted for the majority of injury cases reported in a 6 - year observational trial (23 %), followed by the knee (19 %), then shoulder (18 %), and hand (10 %).

In case you are still not ready to get into a full time membership on the number one dating website you can opt for the free 3 day trial which would let you check out the site so that you can find if the website suits your requirements.

Consistent with NSBA's position as outlined in its «friend of the court» (amicus) brief, Justice Samuel Alito delivered the Court's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.»

My reading of the trial documents makes me think that the judge in the appeals case would be hard pressed to find a justification for reducing the settlement; what would the new settlement amount be based on?

Unprejudiced and positive tests are therefore greatly needed, and these can only be found in show and trials under judges who have the common interest so keenly in view that they will allow neither friendship nor personal bias to control the awards; men who will bear ever in mind that upon their decision will greatly depend the future reputation of the animal in the stud, and who will therefore examine carefully each specimen before them, giving due credit to beauty and blood, but in all cases where possible requiring also performance were they pronounce a favorable verdict».

The endorsement use in the JAP v. MAP trial was with respect to a prior finding of fact as to the Petitioner's income in her separate family matter so a little bit of a different use was made of it in that case.

The CJEU answered that even a decision of non lieu (i.e. a finding that there was no ground to refer the case to a trial court because of insufficient evidence) is a decision on the merits of the case and bars further prosecution in another Member State.

We are not in a position to review in a critical way the findings made by the experienced trial judge based on the evidence in this case.

«More often than not, the court of appeal and the trial courts say that they can correct what the Crown has done wrong by instructing the jury, and I must say I find that unsatisfactory in most cases,» Lockyer says.

A Superior Court judge in the U.S. Virgin Islands, D'Eramo, 49, was found hanging in his St. Croix condominium Monday morning, just minutes before he was to begin jury selection and trial in a high - profile murder case in which one defendant is a former police sergeant.

He found the case exceptional because, until the trial took place, Mr Yentob could not have known how badly he had in fact been hacked.

The Supreme Court of Canada will hear five appeals this week, including three criminal cases involving driving «over 80» and production of evidence; an unjust enrichment claim; and an appeal in a sexual assault case in which the Court of Appeal of Alberta had found that a trial judge had erred by relying on a stereotype about the behaviour of sexual assault victims.

In STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case laIn STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case lain manifest breach of CJEU case law.

For example in STC 232/2015, the SCC found that a court had breached the fundamental right to a fair trial of an interim public employee by ostensibly refusing to apply clear and consistent CJEU case law regarding the prohibition of discrimination between interim and career public employees.

But, in most cases of serious criminal charges like this one, either a grand jury probable cause finding, or a preliminary hearing probable cause finding, both made well prior to a trial, will conclusively preclude a malicious prosecution or civil rights lawsuit.

An Old Bailey murder trial in which a man, Kema Salum, is accused of murdering his wife was the first to be affected last week when his solicitor told the court she had contacted more than 20 chambers but could not find a barrister prepared to take on the case.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C.Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C.trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

In a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor of CNIn a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor of CNin favor of CNH.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

In the case of R. v. Downey, the trial judge found that the accused's suspicion had been aroused to the point that there was a need for inquiry, but she deliberately did not inquire so as not to learn the truth.

Dewshi, principal of Dewshi Law Practice, tells AdvocateDaily.com that in carrying out the Notice of Proposal and revoking Kamali - Mafroujaki's licence, the reasoning focused on his past conduct, which included: the conduct leading up to his conviction of sexual assault; his denial of responsibility for any of the conduct; and the adverse finding of credibility by the trial judge in the sexual assault case.

The Handbook contains an overview of the types of litigation found in the federal court system, the courts» governance and administration, the workings of chambers, and case management at both the trial and appellate levels.

Our Tallahassee car accident lawyer can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.

The department has acted in cases brought under The Terrorism Act 2000, The Anti-Terrorism, Crime and Security Act 2001, The Prevention of Terrorism Act 2005, The Terrorism Act 2006 and The Counter-Terrorism Act 2008; its lawyers are well - versed in advising and finding redress for those who find their basic and legal rights, such as freedom of speech, the right to a fair trial and freedom of association, curtailed by state interference.

However, trials often call for creativity in the absence of clear guidance, and anyone considering taking legal action to redress an injury should consider finding counsel capable of making informed, calculated decisions in order to best present the case.

The Virginia Court of Appeals found there was no abuse of discretion by the trial judge in denying husband's request for a continuance or denying his motion to reopen the case.