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Tag Archives: defendant

New trial granted for defendant who ignored counsel’s advice

It was up to defense counsel, not the defendant, to seek a jury charge on lesser-included offenses in a Niagara County assault case, the Appellate Division, Fourth Department ruled Friday. The higher court overturned the second-degree assault conviction of Germaine ...

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COA: Defendant can’t confront threatened witness

A convicted burglar gave up his right to confront a witness at his 2009 trial because his threats against her were why she was not available to testify, the state’s highest court has affirmed. The Court of Appeals on Thursday, ...

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Hearing set on sanity exams for James Holmes

CENTENNIAL, Colo. — Colorado theater shooting defendant James Holmes will return to court in late January for a hearing on prosecutors’ request that he undergo additional psychiatric examination. The judge set the new date Wednesday. The hearing was to take ...

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Court bars retrial of Michigan arson suspect

WASHINGTON — The U.S. Supreme Court has ruled that a Michigan defendant cannot be retried for arson even though his initial acquittal was based on a judge’s mistake. The court voted 8-1 Wednesday in favor of Lamar Evans, who was charged ...

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Comprehension of ‘Miranda’ rights measured

A new tool measures how well a defendant understands Miranda warnings. Developed by Richard Rogers, a professor of psychology at University of North Texas and a Miranda expert, the Standardized Assessment of Miranda Abilities (SAMA) is a form of standardized ...

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Case could set new double jeopardy standard

We know that wrongful convictions can be reversed, but what about wrongful acquittals? With the U.S. Supreme Court prepared to decide next term whether double jeopardy principles prevent the retrial of a defendant acquitted based on a judge’s misunderstanding of ...

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First defendant completes veterans treatment court

The first federal defendant who took part in the veterans treatment court has successfully completed the program, according to U.S. Attorney William J. Hochul Jr. The defendant, who was not identified, entered a pre-trial diversion agreement in September 2010 whereby ...

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NY judge drops Binladen Group as 9/11 defendant

NEW YORK — A construction company founded by Osama bin Laden’s father cannot be sued to recover money for survivors of the Sept. 11 attacks, a judge has ruled, because no evidence has emerged to show the company provided a ...

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Court: Judge went on date with defendant

NEW YORK CITY — A federal appeals court says a former traffic court judge must lose his law license for going on a date with a defendant and then ruling in her favor. Michael Dorsky worked for the Department of Motor Vehicles in Garden City, Long Island.

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