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What are the options for a defendant who during a trial was already considered guilty before the trial had ended. There is no evidence DNA etc a juror told another not a juror def wasn't getting out?
Wiki User
∙ 14y ago
If the defendant was found guilty, there is no other option except appealing the case to the Court Of Appeals, and trying to use your excuses as a reason why.
Wiki User
∙ 14y ago
If a defendant believes they were unfairly declared guilty before the trial had ended, they could raise this issue with their attorney to request a mistrial or appeal the verdict based on jury misconduct. It's essential to follow the proper legal procedures and provide evidence of any prejudice or misconduct that occurred during the trial. Consulting with a legal professional experienced in such matters is crucial to explore all available options.
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What is consol defendant?
A consol defendant is a party in a lawsuit who joins with another defendant or defendants in order to defend against the same claim or claims. This can happen when multiple defendants are sued together and are represented by the same legal counsel.
Is word against word a strong evidence in court?
Word against word, or testimonial evidence, can be considered in court but is generally weaker than other types of evidence such as physical evidence or documents. It can be challenging to determine credibility and reliability in a situation where it is one person's word against another. Additional evidence or corroboration may be necessary to support a case based solely on testimonial evidence.
What is a sentence with quash?
You just used asentencefor ''quash'', but here is another one.We needed to quash the water balloon before our opponents got hold of it and not get wet. Funny thing is that's my son's vocab word.
Answers for problem questions in tort?
What is the purpose of tort law? Tort law aims to compensate individuals who have suffered harm or injury as a result of another person's wrongful act, while also deterring future harmful behavior by holding wrongdoers accountable. What is the difference between intentional torts and negligence? Intentional torts are committed intentionally by the defendant, while negligence involves the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. What is the doctrine of res ipsa loquitur? Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a defendant's negligence based on the circumstances of the injury itself, when direct evidence of the defendant's negligence is lacking.
What is the difference between the plaintiff and the defendant?
The plaintiff is the party who brings a case against another in court, seeking a legal remedy. The defendant is the party who is being sued or accused of wrongdoing by the plaintiff and must respond to the claims made against them.
What is an example of an argument from subjectivity?
An example of an argument from subjectivity is saying that a movie is the best because it made you feel happy and entertained. This argument relies on personal feelings and experiences rather than objective criteria to determine the movie's quality.
What is the most effective type of discovery in law practice?
The answer below pertains to a criminal trial and the law practice defending the defendant. In the courtroom, the most effective type of discovery evidence is evidence that places the defendant in another location at the time of the crime. If the prosecution, as an example, has a 7-11 store video tape that shows the defendant at that store while the crime is being committed a long distance away, it is very effective. Under law the prosecution must provide all such evidence or any other exculpatory evidence to the defensive
IF an employee steals money from a PayPal account is it considered Wire fraud?
Wire Fraud can refer to many different things. Here are the legal requirements. -The defendant created or participated in a scheme to defraud another out of money; -The defendant did so with intent to defraud; -It was reasonably foreseeable that the defendant would use wire communications; and -The defendant did in fact use interstate wire communications.
What is a Prosecution Witness?
A prosecution witness is someone who will provide evidence for the prosecutions case. If i was representing a client who was shot by his friend and witness by another friend I, as the lawyer (prosecutor), would be representing my client (the victim, or plaintiff), and suing the defendant (the shooter) and calling the witness to testify on behalf of my client (the victim) proving the fact that the defendant shot my client (the plaintiff).
What does it mean when a defendant declared indigent?
When a defendant is declared indigent, it means that the defendant doesn't have any assets with which to hire a lawyer or another form of legal representation and so the defendant is entitled to free legal representation.
What is the Florida Statute of limitations for murder conviction appeals?
The short answer is 30 days and the long answer is that it can be extended if "newly discovered evidence (not known at trial and not known to the jury who decided the case) is presented under oath as soon as it becomes known" such as DNA evidence or other scientific evidence. First, a murder defendant has 30 days to file a notice of appeal after he is convicted and sentenced to death (call the "direct appeal"). If the appeal is affirmed, the defendant then has one year in Florida to file a 3.851 post conviction motion to allege "newly discovered evidence" like DNA or a witness who exonerates a defendant or if the prosecutor withhelp evidence of innocense. That hearing takes place in trial court and if it is denied, the defendant has another 30 days to file a notice of appeal to appeal the 3.851 hearing. Defendant often try to file "successive motions" that argue the same grounds which can clog the appellate courts. This answer only shows the tip of iceberg as it relates to death penaly appeals.
What is consol defendant?
A consol defendant is a party in a lawsuit who joins with another defendant or defendants in order to defend against the same claim or claims. This can happen when multiple defendants are sued together and are represented by the same legal counsel.
In a mistrial is the same judge used?
No! Because in a mistrial, the defendant has been let go on extenuating evidence, and the trial will be heard at a later time with a new judge and new jury. If it even gets that far. In many mistrials the defendant goes free and the prosecution does have enough evidence to bring the defendant to another trial.---------------------ANOTHER VIEW: The above answer contains erroneous comments. The defendant in a mis-trial rarely goes free without being re-tried! If the case is assigned to that judge's docket he will retain control over it. There can be many reasons for a mistrial and most of them have nothing whatsoever to do with the judge or his actions. If neither the prosecution nor the defense files a motion for a new judge, or a change of venue, the odds are overhwelming that the same judge will re-hear the case.
Can evidence from one trial be used in another?
If the evidence is relevant in another trial, it can be used. The issue may be whether there should be a second trial at all. If it is a second trial with the same defendant there are issues of double jeopardy. If it is a second trial with a different defendant then the question arises whether the evidence is relevant. There can also be a civil trial following a criminal trial, in which case again the question is one of relevance. The most famous civil trial following a criminal trial is the OJ Simpson situation, and much evidence from the criminal trial was relevant to the civil lawsuit. See related links below.
Is the minimum contacts requirement satisfied if a defendant engages in systematic and continuous contacts with a jurisdiction?
According to the rules of civil law, the "minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. " If the defendant has been in contact with the jurisdiction the minimum contacts requirement is considered satisfied.
What is the difference between the defendant and the plaintiffin civil court matters?
The plaintiff is the person or organization that INITIATES a legal action, against another person, who is called the defendant.
Identify eight mitigating factors that can disqualify a murder for the death penalty?
1) That the Defendant Had No Significant History of Prior Criminal Activity; 2)That the Homicide Was Committed While the Defendant Was Under The Influence of Mental or Emotional Disturbance; 3)That the Victim Voluntarily Participated in the Defendant's Homicide; 4)That the Defendant Was Only An Accomplice And His Participation Was Relatively Minor; 5)That the Defendant Acted Under Duress or the Domination of Another Person; 6)That the Defendant's Capacity to Appreciate That His Conduct Was Criminal, or to Conform His Conduct to the Law, Was Impaired; 7)The Age of the Defendant; 8)That the Defendant Aided the Prosecution in Apprehending Another Capital Felon, or Testified Truthfully to Assist the Prosecution at Trial
