0
What else can I help you with?
What ruling in an case appeal means the decision was unfairly reached and a new trial is ordered?
vacated and remanded for a new trial
When a new trial is granted the case will be heard again from the beginning with the a new judge?
Usually, but not necessarily, a new judge will ee assigned to the case.
What happens when the verdict of the trial court is reversed through the appeals court?
Then the case would be sent back down to the lower court for a new trial. If it is a civil case, no one will have to pay funds until the new trial. If it is a criminal case, you will generally have to post a new bond to be released for the duration of the new trial.
What is a remanded federal court case?
When a case is remanded, it is sent from an appellate court to either a lower appellate court or the trial court with instructions to that court to take a particular action regarding the case. For example, if an appellate court vacates a conviction, it may remand the case to the trial court for a new trial.
The visiting judge in Ohio was dismissed for alleged corruption which was evident in your case Can you file a mistrial?
It would appear that if your case was a "Bench Trial" and you can prove malfeasance on the part of the judge you may have grounds to appeal your case.HOWEVER, if your case was tried by a jury and the jury found you guilty, You would have to show strong evidence that the judge swayed the trial and/or the jury's decision against you.
If the appeals court finds something wrong the case?
A new trial will be granted if there were errors.
Is it permissible for new evidence to be introduced during a trial?
Yes, it is generally permissible for new evidence to be introduced during a trial, as long as it is relevant to the case and meets the rules of evidence.
Can you use the same evidence in a mistrial as in the original trial?
No, in a mistrial, the evidence from the original trial cannot be used again. The case must be retried with new evidence and a new jury.
What is a Bill of Review appeal case?
A Bill of Review appeal case is a legal procedure used to challenge a final judgment in a court that was rendered without the opportunity for the parties to fully present their case, often due to issues like fraud, mistake, or new evidence that was not available during the original trial. It allows a party to seek relief from the judgment by demonstrating that the outcome would likely have been different if the new information had been considered. This type of appeal is typically filed in the same court that issued the original ruling. It is not a new trial but rather a review of the previous decision based on specific grounds.
When will the case go to trial?
The case is scheduled to go to trial next month.
Is it grounds for a mistrial if all 12 jurors are white?
The racial composition of a jury alone does not automatically constitute grounds for a mistrial. However, if it can be demonstrated that the jury selection process was biased, discriminatory, or violated a defendant's right to a fair trial, it may provide grounds for a mistrial or an appeal. Courts generally evaluate whether the jury's makeup affects the fairness of the trial and the defendant's rights. Each case would depend on specific circumstances and legal arguments presented.
What happens when a judge dies during trial?
If a judge dies during a trial, a new judge would typically be assigned to the case to ensure continuity and proceed with the trial. The new judge would review the case documents and proceedings before making any decisions or rulings.
