It is therefore worth considering raising any summary judgment or
trial motions with the court and the other side early in a proceeding.
Or the trial court could grant the
new trial motion after reweighing the evidence (acting as the so - called «13th juror») subject to [our] double jeopardy analysis.
On a
speedy trial motion in a case reported as R. v. Caines, 2010 ABQB 646 the applicants argued that delay was caused by the Crown's late disclosure of information respecting how the police had implemented the wire tap authorizations.
In Collins v. Canada, 2015 FCA 281, all parties appealed decisions on multiple summary
trial motions in a public office misfeasance proceeding.
On a summary judgment or
summary trial motion, the motion's judge must determine both, whether the motion is appropriate, and if so, a decision on the merits of the issue (s) raised on the motion.
This was most clearly illustrated by his handling of the notorious Fells Acre daycare child abuse case, as MLW publisher David Yas writes at his blog, The AffiDavid, «where he defiantly stood up to the Supreme Judicial Court in granting new -
trial motions where he felt that the accused in the abuse cases had not been given a fair shake.»
3/23/11, Georgia Trial Lawyers Association Tort Cases: Soup to Nuts & Everything in Between Effective Use of Motions in Limine to Keep Control of the Trial
Post-trial is an often overlooked opportunity to cut litigation short by limiting or entirely wiping out an adverse verdict through
new trial motions and motions notwithstanding the verdict.
Ask us about filing a bond reduction motion, an examining trial, a
speedy trial motion, or a writ of habeas corpus.
The PATENT Act delays discovery until certain
initial trial motions (to dismiss, to change venue, or to sever accused infringers) are resolved.
Some motions are
trial motions and can only be made in front of the trial judge.
After a jury's finding of patent infringement, the court rules on a number of pre -(damages)-
trial motions, with 3 such rulings of interest.
Analysis and advice to and receive instructions from client with respect to known disclosure, witnesses, evidence, etc., and all aspects of the defence as may affect plea, pre-trial and
trial motions / applications, trial and / or sentencing issues;
Conceivably, the trial court could deny the new
trial motion and sentence Mr. Stern to prison, place him on probation or reduce the two conspiracy counts to misdemeanors.
Or the trial court could deny the new
trial motion but dismiss the case pursuant to section 1385 on some ground other than evidentiary insufficiency.
Interestingly, it's not clear what the appellate order means since the court of appeals agreed with the prosecution that «Mr. Stern's new
trial motion could not be granted... [b] ut... what can occur to Mr. Stern once the remittur issues is limited by the double jeopardy provisions of our Constitutions.»
Once charges are filed, we then handle pre
trial motions and suppression hearings, trials, adjudicatory hearings, new trial motions, and sentencings, as well as violations of probation, and sentencing modifications and reconsiderations.
California Legal Research, Inc. works for you, the attorney, researching the law and performing writing assignments, whether it be appellate briefs or
trial motions (summary judgment, demurrer, motions to strike, and the like).
The court denied the judgment as a matter of law and new
trial motions, and then addressed the remittitur.