Help


[permalink] [id link]
+
Page "Thomas Picton" ¶ 13
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

jury and reversed
On May 31, 2005, in the case Arthur Andersen LLP v. United States, the Supreme Court of the United States unanimously reversed Andersen's conviction due to what it saw as serious flaws in the jury instructions.
When the verdict for the trial comes in, Amanda's plea to the jury to " judge this case as you would if the sexes were reversed " proves successful, and Doris is found not guilty.
However, if the judge grants a motion to set aside judgment after the jury convicts, this may be reversed on appeal by the prosecution, as the verdict was different previously.
The court reversed the convictions for a second time on the basis that blacks had been excluded from the jury pool because of their race.
The judge's ruling was subsequently reversed in June 1999 by the U. S. 11th Circuit Court of Appeals in Atlanta, which also overturned the jury verdict and declared that the judge in the case was wrong in issuing a finding of fault with the pilots, a role which should have been reserved for the jury only.
The Supreme Court reversed, holding there is no principled distinction between criminal fines and imprisonment for the purpose of Apprendi because Apprendi requires that any fact other than a prior conviction that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and determined beyond a reasonable doubt.
This section was initially treated very strictly by trial judges, but this attitude was reversed after the 1976 trial of the book Inside Linda Lovelace, where the jury found the publishers not guilty despite the judge saying that " if this isn't obscene, members of the jury, you may think that nothing is obscene ".
** Evidence ; holding that Due Process demands that an inference of negligence is not enough to send a case to a jury in a tort case ; reversed by the Supreme Court of the United States.
The verdict specifically reversed the decision that the Haitian Constitution of 1987 required a jury trial for the Raboteau Massacre case — a determination that was not questioned by the defendants ' attorneys in any of their appeals.

jury and verdict
The verdict brought vindication to the dead woman's stepson, Vincent Hengesbach, 54, who was tried for the same crime in December, 1958, and released when the jury failed to reach a verdict.
The jury, which was locked up in a motel overnight, was canvassed at the request of Walker after the verdict was announced.
-- The FBI yesterday arrested on a perjury charge one of the members of the jury that failed to reach a verdict in the `` Freedom Rider '' bus burning trial four weeks ago.
A mistrial was declared in the case against the other seven when the jury was unable to agree on a verdict.
And due to the double jeopardy principle, the state or prosecution may never appeal a jury or bench verdict of acquittal.
In March, 2010 a jury returned a verdict finding that Novell, not the SCO Group, owns the rights to Unix.
The jury reached its verdict through evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems.
The clause prevents the newspapers and media from publishing material that is too extreme or sensationalist about a criminal case until the trial is over and the jury has given its verdict.
The government is not permitted to appeal or try again after the entry of an acquittal, whether a directed verdict before the case is submitted to the jury, a directed verdict after a deadlocked jury, an appellate reversal for sufficiency ( except by direct appeal to a higher appellate court ), or an " implied acquittal " via conviction of a lesser included offence.
This principle does not prevent the government from appealing a pre-trial motion to dismiss or other non-merits dismissal, or a directed verdict after a jury conviction, nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute.
However the jury was unable to reach a verdict.
A jury was unable to reach a verdict.
The jury instructions provide something of a flow chart on what verdict jurors should deliver based on what they determine to be true.
In the event the jury is split six to six, and Athena dicates that in such a case the verdict should henceforth be for acquittal.
Typically, the jury only judges guilt or a verdict of not guilty, but the actual penalty is set by the judge.
Since 1927 South Australia has permitted majority verdicts of 11: 1, and 10: 1 or 9: 1 where the jury has been reduced, in criminal trials if a unanimous verdict cannot be reached in four hours.
It is not necessary that a jury be unanimous in its verdict.
This has been changed so that, if the jury fails to agree after a given period, at the discretion of the judge they may reach a verdict by a 10-2 majority.
In civil cases a special verdict can be given, but in criminal cases a general verdict is rendered, because requiring a special verdict could apply pressure to the jury, and because of the jury's historic function of tempering rules of law by common sense brought to bear upon the facts of a specific case.

jury and earlier
Wexler admitted in earlier court hearings that he issued grand jury subpenas to about 200 persons involved in the election investigation, questioned the individuals in the Criminal courts building, but did not take them before the grand jury.
Later that was expanded to include all legal argument, so that today, that earlier practice of arguing law before the jury has been largely forgotten, and judges even declare mistrials or overturn verdicts if legal argument is made to the jury.
" Monsieur le Président ", Laval replied, " the insulting way in which you questioned me earlier and the demonstrations in which some members of the jury indulged show me that I may be the victim of a judicial crime.
The jury in 2006 completely disagreed with the prosecution's assertions and her earlier conviction from 2002 was overturned.
Significantly, the jury was not shown earlier surveillance footage from the police stake out filmed prior to the " silly string incident " that showed Routier and the family grieving " appropriately " with two priests for over an hour.
In earlier centuries, a challenge to a particular juror would be tried by other members of the jury panel, and the challenged juror would take an oath of voir dire, meaning to tell the truth.
Issue preclusion bars the relitigation of issues of fact or law that have already been necessarily determined by a judge or jury as part of an earlier case.
A royal commission concerning the disaster, held in March, April and May 1903, confirmed the gas and coal-dust theory accepted by the earlier coroner's jury.
In 1971 Barron was convicted of jury tampering in an earlier trial and was sentenced to 5 years in prison.
The veracity of his statements was not commented on by the jury, attorneys or others, although this scenario, in light of both Spilotro's earlier ( and unauthorized by the Outfit ) activities in Las Vegas, is probably unlikely.
An earlier jury found him not guilty of reckless behaviour but could not agree on this charge.
Taft's grounds for denying jury trial specifically echoed earlier Insular Cases reasoning.
The former boxer, Terry Marsh, who had become Warren's first world champion two years earlier, was accused of the shooting but acquitted by a jury.
Libby also testified to the federal grand jury that when Russert purportedly told him about Plame, he had absolutely no memory of having heard the information earlier from anyone else, including Cheney, and was thus " taken aback " when Russert told him.
The committal procedure, sometimes known as a preliminary hearing, replaces the earlier grand jury process.
The most important result of this rule in earlier times was to enable a jury to prevent the infliction of capital punishment for murder ( now abolished ).

2.503 seconds.