Sentences with phrase «verdict of acquittal»

There is no way in which a verdict of acquittal can be nullified.

Your [Daily Journal] article on the outcome of the much - publicized trial of Robert Blake casts the criminal justice process as simply a strategic game in which a verdict of acquittal my be seen as a «stinging setback» or a «major loss» for the prosecution.

L Kinahan, for the respondent Keywords: Criminal Law, Aggravated Assault, Obstruction of Justice, Circumstantial Evidence, Directed Verdict of Acquittal

B.C.S.C.: summary conviction appeal allowed; verdict of acquittal entered.

This Appeal is allowed in part: the Court sets aside the verdict of acquittal, substitutes a verdict of guilty for the included offence, and remits the matter to the Trial Judge for sentencing.

Handlarski, principal with RH Criminal Defence, brought a motion for a directed verdict of acquittal on the firearms charges, arguing there was no evidence the woman had seen a real gun.

Would it be correct to say that the reason why judges do not have power to set aside a jury verdict of acquittal in a criminal case is precisely that that would violate a right to a trial by jury?

«It is of sufficient importance to stress it that the crown on this appeal is not asking that the verdict of acquittal be set aside on the ground that the trial judge erred by not giving the proper weight to the evidence for the crown.

In that sense, the most accurate description of the jury's paradoxical authority to act on its own in disregard of the law even while it is charged with following the law is the raw power to bring in a verdict of acquittal in the teeth of the law and the facts.»

He seeks to have his conviction set aside and a verdict of acquittal entered on the basis that the search was unconstitutional.

For example, in State v. Wiggins, 330 S.C. 538, 540, 500 S.E. 2d 489, 490 (1998), «[a] t the close of the State's case, the trial judge directed a verdict of acquittal on the murder charge, but submitted this lesser - included offense to the jury.»

Not exact matches

«Today I pray again to those same immortal gods that Murena's acquittal may preserve him for his consulship, that your opinion given in your verdict may tally with the wishes of the Roman people expressed in their votes, and that this agreement may bring peace, calm, and tranquility and harmony to yourselves and to the people of Rome.

Because the jury couldn't arrive at a verdict on the reckless manslaughter charge (it voted 8 - 4 in favor of acquittal), prosecutors can still retry Williams on that count.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

Despite a mixed verdict on the eighth day of deliberations that included acquittals on extortion charges, Percoco will face up to 50 years in prison at sentencing, and was quickly denounced by U.S. Attorney Geoffrey Berman for selling his «sacred obligation» to honestly serve New Yorkers.

The presence or absence of DNA evidence at a crime scene could mean the difference between a guilty verdict and an acquittal.

In its post-trial motion seeking a judgment of acquittal or a new trial, defendant Trans Union, LLC («Trans Union») challenges the jury verdict finding that it had negligently and willfully violated the Fair Credit Reporting Act, 15 U.S.C. § 1681i («FCRA»), when it failed to remove an erroneous collection account from -LSB-...]

The hard question is determining what a jury's acquittal «necessarily decided» in particular facts and circumstances, given that a jury verdict in a criminal case typically only determines if the jury convicted, acquitted, or hung on each of the charges presented to it in the indictment and not dismissed before tiral.

Attorney McGuigan has tried numerous cases to verdict, and has acquittals for major Class A felonies in both State and Federal Courts, including the United States Military Court of Justice.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

In personal injury claims, we have helped our clients recover millions of dollars in the form of insurance settlements and jury verdicts, while our criminal defense clients are frequently able to enjoy the experience of walking out of the courthouse after an acquittal or dismissal of the charges they faced.

-- break and enter: John Doe, [2007] B.C.J. B.C.J. No. 2111, 228 C.C.C. (3d) 302 (B.C.C.A.), acquittal set aside, new trial ordered; accused testified that he had been fasting in the woods for 60 days when he entered the house to be warm and to eat; the trial judge erred by not correctly applying the modified objective test to the first two components of the defence of necessity — the existence of an imminent peril or danger and the absence of any reasonable legal alternative, had to be assessed on a modified objective standard; the trial judge erred by failing to determine whether the accused's perception of his situation, and the absence of any lawful alternatives, had an objectively reasonable foundation; the verdict would not necessarily have been the same had the trial judge properly applied the law on the defence of necessity.

Both in the «solemn» and the «summary» acquittals, not proven is interpreted as indicating that the jury or judge, respectively, is not convinced of the innocence of the accused; in fact, they may be morally or even factually convinced that the accused is guilty, but do not find the proofs sufficient for a conviction under the elements of the crime on the jury instruction / verdict form.

Some estimates have from 1/5 to a full 1/3 of all acquittal verdicts by Scottish juries as «not proven» as opposed to «not guilty».

Norm Pattis is veteran of more than 100 successful jury trials, many resulting in acquittals for people charged with serious crimes, multi million dollar civil rights and discrimination verdicts, and successful criminal appeals.

This is because it is the verdict, not the reasons, that is relevant when determining the legal effect of an acquittal on a subsequent civil proceeding.

Inaugurated in 1991, Jury Rights Day is FIJA's signature celebration, annually commemorating the conscientious acquittal of William Penn in 1670 that firmly grounded in common law jurors» right to vote Not Guilty when a just verdict requires it, even if the law has technically been broken.

By contrast, no breakdown of acquittals — as between directed and non-directed verdicts — is given by specific offence or offence groups.

Do the available official statistics allow us to compare the conviction / acquittal rate between rape trials and trials for the generality of offences where juries have actually deliberated and given verdicts of their own, that is excluding directed acquittals after the judge has made a decision to stop the case?

In one interview segment, attorney Carl Douglas points out that the Nevada judge held the jury until late into the evening to announce the verdict on the thirteenth anniversary of the murder acquittal and sentenced Simpson to 33 years, matching the $ 33 million in damages awarded in the civil case.

The opposite of conviction, an acquittal is a verdict that finds an individual not guilty of the crime for which the person has been accused.