0
If a judge denies a defendant his own lawyer because he is satisfied with his court appointed lawyer is that grounds for an appeal?
Wiki User
∙ 16y ago
The answer to your question, in short, is yes..with one condition. If the judge could demonstrate that the defendant was mentally incompetent, then he/she could intervene and override the defendant's right to choice of counsel, providing it was in the best interest of the defendant to do so. However, I am quite sure that the judge presiding over this case would have had to have made this finding, if indeed there was one, clear to both parties in the case.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
What does vexatious mean?
it means: instituted without sufficient grounds and serving only to cause annoyance to the defendant.
What are grounds for dismissing a public defender and how do you go about doing it?
A defendant is not obligated to take the services of the public defender. If a defendant wishes to hire private counsel, he has that right, or if he wishes to defend himself, he has that right. If the defendant wishes to defend himself, the judge will inquire as to if the decision is knowing and voluntary, and if so, will allow the defendant to do so. It is a very important decision, and not one to be made lightly.
Is suspicion grounds for conviction?
No. Suspicion is grounds or a hunch in which someone believes another person commited a crime. A conviction means that the state has proven beyond reasonable doubt, or the Defendant pled guilty or no contest to a charge, that the crime was committed.
What is malicious prosecution in tort?
malicious prosecution,i would say, is an action for damages against the plaintiff by the defendant on various grounds....but solely out of malice,ill-will,spite....when i mentioned various grounds i meant that they were just excuses that the defendant used to prosecute the plaintiff whereas in fact his main reason was malice. here,the plaintiff and defendant can be old enemies or even competetors in the industrial realm or otherwise.Also, this case of malicious prosecution will not be justified by facts....rather it will be a a case brought about just to injure he plaintiff.
Intentional interference with contractual relations requires a showing of bad faith before liability can be imposed.?
Yes, for example in the Lumley v Gye case, the plaintiff's claim that the defendant had caused a third party to breach a contract with the defendant was rejected on the grounds that the plaintiff had acted in good faith. Meaning the defendant did not intend for any contract to be broken.
Can a defendant be retried if he was not present at jury selection?
If you're asking - is the fact that they were not present is grounds for an appeal - they had best ask their attorney.Generally speaking - in and of itself, it would NOT be grounds for an appeal. As long as their attorney was there to participate in Voire DIre (which I'm sure they were) their interests are considered to have been represented.
Is a defense to a criminal prosecution on the grounds that the defendant was forced to commit the criminal act?
that is called coercion, or if the facts allow, you could also say the crime was committed under duress
What is the meaning of the idiom 'on the grounds'?
with the reason or because of this fact On the grounds of misconduct the player was suspended from the game.
Can a circuit court case of no contest misdemenor be overtruned on grounds of disability in Arkansas?
The question asks about "overturning" a case, therefore it can be assumed that the case was decided and the defendant was adjudged guilty. In that instance the case would have to be appealed to the Court of Appeals using whatever grounds that could be applied.
What are The terms under which a new trial may be granted to a defendant?
The legal "grounds for appeal" are too numerous and complicated to list here. Do some research relating to your own particular state first.
Can i have a case dismissed because I live in a different state?
The short answer is: it's unlikely.In reality, It would depend on the case.If it's a minor criminal charge, there's potential that the prosecutor or judge would rather send the defendant on their way than bother prosecuting them. However, simply because you live in a different state is not grounds for dismissal (in theory).
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
