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Can a mistrial be filed if the defendant was inadequately defeneded at the original trial?
Wiki User
∙ 15y ago
Actually, it wouldn't be called a "MISTRIAL" but you could appeal your trial to your state court of appeals on the basis that you suffered from an INADEQUATE DEFENSE by your counsel. If the court of appeals accepted your petition, after studying your trial, they MIGHT agree and send your case back to circuit court for a re-trial.
Wiki User
∙ 15y ago
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What happens when a trial is declared a mistrial?
When a mistrial occurs from prosecutorial error, usually the defendant is retried. In cases where the prosecution deliberately provokes a mistrial because the trial isn't going well and the defendant is likely to be acquitted, the Court will not allow the prosecution to potentially benefit from its misconduct through a retrial. If this happens, the charges against the defendant are generally dismissed.
What city was the original capital of Canada?
It is, and has always been, Ottawa, Ontario. you therefore are truly inadequately educated because the original capital of canada is kingston
What is the difference between a mistrial and a request for a new trial?
A mistrial occurs when a trial is terminated before a verdict is reached due to procedural errors or misconduct. A request for a new trial is made after a verdict is reached but is based on legal errors or misconduct that occurred during the trial process.
What is asked when a defendant cannot receive an impartial trial in the original location?
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
What is asked when a defendant cannot receive an impartial trial in original location?
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
This is asked for when a defendant cannot recieive an impartial trial in the original location?
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
This is asked for when a defendant cannot receive an impartial trial in the original location?
Change of Venus
Can you be tried for the same crime twice?
Article VI of the Bill of Rights of the U.S Constitution states : "..nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb..". So basically the answer is no. The rule is called "double jeopardy".
How are a mistrial and a new trial alike?
Both involve a legal proceeding being stopped and restarted. A mistrial occurs when the original trial is terminated due to a serious error or issue, while a new trial is scheduled to start fresh after the first trial's outcome is overturned. In both cases, the aim is to ensure a fair legal process and outcome for all parties involved.
Does a party who serves discovery REQUESTS keep the original?
A motion for discovery is made to the court. The copies of which are served to the other party and the court. The original can be given to the court or kept by the defendant.
What is a cross complainant on a summons?
cross-complaintn. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.(From LAW.COM Dictionary)
What is definition of plaintiff by counterclaim?
If you are the plaintiff by counterclaim - that means you were the defendant in a previous claim and are now offsetting that claim with a counterclaim. You reverse your role with this action and point the finger back at the original plaintiff.
