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defendant and had
This mean that the defendant had to object to the error when it occurred in the trial.
If a defendant has been convicted and can prove that his lawyer did not adequately handle his case and that there is a reasonable probability that the result of the trial would have been different had the lawyer given competent representation, he is entitled to a new trial.
Alford was sentenced to thirty years in prison, after the trial judge in the case accepted the plea bargain and ruled that the defendant had been adequately apprised by his lawyer.
The Supreme Court of North Carolina ruled that the defendant had voluntarily entered the guilty plea, with knowledge of what that meant.
" The Court allowed the guilty plea only with a simultaneous protestation of innocence as there was enough evidence to show that the prosecution had a strong case for a conviction, and the defendant was entering such a plea to avoid this possible sentencing.
Upon receiving an Alford guilty plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.
In Connelly v DPP ( AC 1254 ), the Law Lords ruled that a defendant could not be tried for any offence arising out of substantially the same set of facts relied upon in a previous charge of which he had been acquitted, unless there are " special circumstances " proven by the prosecution.
A defendant who had been convicted of an offence could be given a second trial for an aggravated form of that offence if the facts constituting the aggravation were discovered after the first conviction.
Each team had seven members – one judge, two members each from the district court and the local government election authorities and two witnesses each representing the plaintiff ( Pan-Blue Coalition ) and the defendant ( Pan-Green Coalition ).
Grigson had spent 15 years testifying for such cases, and he almost invariably gave the same damning testimony, often saying that it is " one hundred per cent certain " that the defendant would kill again.
By 1997, the phrase had entered the legal lexicon as seen in an opinion by Supreme Court of the United States Justice John Paul Stevens, ' An example of " junk science " that should be excluded under the Daubert standard as too unreliable would be the testimony of a phrenologist who would purport to prove a defendant ’ s future dangerousness based on the contours of the defendant ’ s skull.
An interesting innovation was introduced in Russia in the judicial reform of Alexander II: unlike in modern jury trials, jurors decided not only whether the defendant was guilty or not guilty, but they had the third choice: " Guilty, but not to be punished ", since Alexander II believed that justice without morality is wrong.
This opposition must be put in context with the second option offered by the majority opinion, which allowed that the defendant had the option of remaining silent, saying: " Had he wanted to remain silent, he could have said nothing in response or unambiguously invoked his Miranda rights, ending the interrogation ".
The inquisitor could keep a defendant in prison for years before the trial to obtain new information, and could return them to prison if he felt that the witness had not fully confessed.
In R v Clarke 1972 1 All E R 219 a defendant charged with a minor theft ( shoplifting ) claimed she had no mens rea because she had absent-mindedly walked out of the shop without paying because she suffered from depression.
It was held that, as the defendant had been aware of his actions, he could neither have been in a state of automatism nor insane, and the fact that he believed that God had told him to do this merely provided an explanation of his motive and did not prevent him from knowing that what he was doing was wrong in the legal sense.
The Alaska Supreme Court ruled in 2006 that a " conviction based on a no contest plea will collaterally estop the criminal defendant from denying any element in a subsequent civil action against him that was necessarily established by the conviction, as long as the prior conviction was for a serious criminal offense and the defendant in fact had the opportunity for a full and fair hearing ".
They considered themselves to lack jurisdiction over a defendant until he had voluntarily submitted to it by entering a plea seeking judgment from the court.

defendant and have
In such a case the defendant should serve as a clear example and not have to be tied to the issue by argument.
`` It is not necessary that a defendant actually have conpired to use the U.S. mails to defraud as long as there is evidence of a conspiracy, and the mails were then used to carry it out ''.
If the defendant files an appeal arguing that he should not have to pay any money, then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $ 200, 000 instead of $ 50, 000.
The appellate court will typically be deferential to the lower court's findings of fact ( such as whether a defendant committed a particular act ), unless clearly erroneous, and so will focus on the court's application of the law to those facts ( such as whether the act found by the court to have occurred fits a legal definition at issue ).
It may have been preceded by an optional " pre-answer " motion to dismiss or demurrer ; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment.
In many other jurisdictions it is for the defense lawyer to mitigate on his client's behalf, and the defendant himself will rarely have the opportunity to speak.
The Supreme Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea.
The Court went on to note that even if the defendant could have shown that he would not have entered a guilty plea " but for " the rationale of receiving a lesser sentence, the plea itself would not have been ruled invalid.
As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable while the defendant himself still maintained that he was not guilty.
The defendant pleads guilty, but does not have to specifically admit to the guilt itself.
This is not the case, and both modern adversarial and inquisitorial systems have the powers of the state separated between a prosecutor and the judge and allow the defendant the right to counsel.
In an adversarial system, there is no more controversy and the case proceeds to sentencing ; though in many jurisdictions the defendant must have allocution of her or his crime, a false confession will not be accepted even in common law courts.
Later it was revealed by both prosecutors and the defendant as well, that Settle did not have cable TV and did not watch the show.
If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
If a defendant could not reasonably have foreseen that someone might be hurt by their actions, there may be no liability.
After voting on all of the articles has taken place, and if the Lords find the defendant guilty, the Commons may move for judgment ; the Lords may not declare the punishment until the Commons have so moved.
In the Durham case, the court ruled that a defendant is entitled to acquittal if the crime was the product of his mental illness ( i. e., crime would not have been committed but for the disease ).
The defendant could freely choose whether to have a jury or trial by judges, and the decisions of the jury were non-binding.

defendant and pleaded
The defendant, William L. Stickney 3, 23, of 3211 Park pl., Evanston, who pleaded guilty to reckless driving, also was ordered by Judge James Corcoran to attend the Evanston traffic school each Tuesday night for one month.
Many defendants charged with capital offences nonetheless refused to plead, since thereby they would escape forfeiture of property, and their heirs would still inherit their estate ; but if the defendant pleaded guilty and was executed, their heirs would inherit nothing, their property escheating to the Crown.
Although the defendant had pleaded guilty, he was not awarded a reduction in sentence because the feigned illness was considered to mean that he was not accepting responsibility for his illegal behavior.
The defendant pleaded guilty.
Many defendants charged with capital offences nonetheless refused to plead, since thereby they would escape forfeiture of property, and their heirs would still inherit their estate ; but if the defendant pleaded guilty and was executed, their heirs would inherit nothing, their property escheating to the Crown.
Once known as President Nixon's " hatchet man ," Colson gained notoriety at the height of the Watergate affair for being named as one of the Watergate Seven, and pleaded guilty to obstruction of justice for attempting to defame Pentagon Papers defendant Daniel Ellsberg.
* ASIC made final submissions that were outside its pleaded case and the defendant directors were not given a proper opportunity to respond to them
Where this fact is withheld from the defendant, he is now prejudiced in that had he known the fact of lifetime registration he would not have pleaded guilty.
The defendant can then either consent to be tried by the magistrates or opt for trial by jury at the Crown Court provided that they have pleaded not guilty.
If they have pleaded guilty then they have no say in the matter-thus there is no way for a defendant to agree to plead guilty in exchange for having a case dealt with by magistrates.
A second defendant, Charles Price, was also charged with conspiring to violate Rosenbaum's civil rights ; he pleaded guilty.
Toudeby for the defendant pleaded no allegation of bailment, but Scrope, the counsel for the demandant ( plaintiff ), replied that, if the defendant carried off the chattels and a writ was brought to recover them, it was no answer to say that the chattels had not been bailed to the plaintiff.
The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence, whether the defendant has pleaded guilty or been convicted at trial.

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