Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Defendant


Related Topics

In the News (Thu 21 Mar 19)

  
  Following a bench trial, defendant was convicted on first degree mu
Defendant sat in the back seat of the car and directed Detective Moser to a home at 64th and Hamilton a quarter to a third of a block from where the victim's body was found and very close to defendant's home at 64th and Hoyne.
While the defendant's possession of the victim's jacket in the instant case and his plans to leave town are not as suspect as actually leaving town in the victim's car, we nonetheless find the existence of probable cause to arrest defendant.
Defendant, however, claims that even disregarding the testimony about physical abuse, defendant's statement was not voluntary since he was not timely taken before a judge, he is a slow learner, is addicted a marijuana, and has a seizure disorder.
www.state.il.us /court/Opinions/AppellateCourt/1999/1stDistrict/February/HTML/1971180.htm   (4294 words)

  
 Defendant - Wikipedia, the free encyclopedia
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a Criminal law criminal case is usually taken into custody by police and brought before a court, pursuant to an arrest warrant.
The actions of a defendant, and its lawyer counsel, is known as the defense defence.
en.wikipedia.org /wiki/Defendant   (269 words)

  
 Defendants' Rights During a Trial: The Bill of Rights   (Site not responding. Last check: 2007-10-22)
This gives defendants the right to cross-examine witnesses -- that is, the right to require the witnesses to come to court, "look the defendant in the eye," and subject themselves to questioning by the defense.
Otherwise, the judge would be locked into giving an unrepresented defendant a nonjail sentence or a shorter sentence than he or she might think appropriate after hearing the evidence.
A defendant can be brought once to criminal court (by the government) and once to civil court (by members of the public) for the same crime.
www.nolo.com /encyclopedia/articles/crim/defendant_rights.html   (1288 words)

  
 Document: Answer of Free Republic, 10/20/98.
Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint and on that basis denies each and every such allegations.
Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations in Paragraph 4 of the Complaint and on that basis denies each and every such allegations.
Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations in Paragraph 5 of the Complaint and on that basis denies each and every such allegations.
www.techlawjournal.com /courts/freerep/19981020.htm   (1203 words)

  
 [No title]
On appeal, defendant contends that the trial court committed reversible error both when it denied his motion to dismiss the indictment based on alleged perjured testimony presented to the grand jury and when it allowed testimony at trial regarding a previous theft that defendant was alleged to have committed at the same store.
Defendant argues that the inaccurate statements by Officer Arendt that were presented to the grand jury could not have been made in good faith because of the magnitude of the error.
Defendant first contends that, because of the volume of evidence that was heard regarding the theft of the trench coat, "the issue of [his] guilt or innocence became obscured by the other[-]crimes evidence." Defendant appeals from a bench trial.
www.state.il.us /court/Opinions/AppellateCourt/2003/2ndDistrict/May/Html/2011131.htm   (4379 words)

  
 DEFENDANT
If [the defendant] presents evidence of a legitimate, nondiscriminatory reason for discharging [the plaintiff], then in order for [him/her] to recover against [the defendant], [s/he] must convince you by a preponderance of the evidence that the legitimate reasons offered by [the defendant] were false and that race discrimination was the true reason.
Because [the plaintiff] was an employee at-will, [the defendant] had the legal right to terminate [his/her] employment unless the decision to discharge [him/her] was based upon [his/her] race as to constitute intentional and illegal discrimination.
Therefore, if you believe that [the defendant] discharged [the plaintiff] because of the violation of the employer's policies, then you should find in favor of [the defendant] even if you believe that [the plaintiffs] termination appears to be unfair and unreasonable, or even if you disagree with the result.
www.state.wv.us /wvsca/jury/race.htm   (1367 words)

  
 Deposing Defendant Attorney in Legal Malpractice lawsuit.
It should be remembered that if the defendant attorney is going to testify as an expert on the standard of care that then the defendant attorney opens him/her self up to onion questions, to requests to bring more items to discovery and to lose of some work-product privileges.
All Defendant Attorney's files, records, and documents regarding the underlying transaction or litigation for which it is claimed the Defendant Attorney was negligent.
All documents gathered by Defendant Attorney or persons associated with Defendant Attorney in Defendant Attorney’s investigation of the incident which is the subject of this suit.
www.bucklin.org /deposing_defendant_attorney.htm   (1115 words)

  
 United States' Response to Defendant's Motion To Dismiss Indictment for Prosecutorial Misconduct In Grand Jury ...
Defendant claims that the failure of the government attorneys to later withdraw from the grand jury investigation prejudiced him.
Defendant's assertion that the objectivity of government attorneys was affected by meeting with him relies solely on actions taken by the government attorneys while performing their normal, every day, investigative duties as prosecutors.
Defendant asserts his refusal to cooperate with the investigation is somehow exculpatory.
www.usdoj.gov /atr/cases/f1100/1164.htm   (1833 words)

  
 The defendant, Mary French, and victim, Nicole White, were involved in an on-going dispute at the time of the ...
The defendant, Mary French, and victim, Nicole White, were involved in an on-going dispute at the time of the defendant’s knife attack.
The defendant subsequently went into a nearby apartment building, leaving her three-year-old son unattended on the public sidewalk.
Morgan’s has stipulated her assessment of the defendant’s reputation is limited to a community of a 15-person staff, along with some parents.
www.law.seattleu.edu /fachome/rideout/advwrtg/onlinesamples/brief2.smp.htm   (2538 words)

  
 ANSWER OF DEFENDANT STATE OF WASHINGTON TO THE AMENDED COMPLAINT OF THE   (Site not responding. Last check: 2007-10-22)
Defendant has insufficient information on which to base an answer to the allegations in the third sentence of paragraph 2.1 and, therefore, denies it.
However, defendant State of Washington admits that MVET revenues are allocated, at least in part, pursuant to RCW 82.44.110 and that the purposes include those listed in paragraph 4.6.
Defendant State of Washington denies that plaintiff is entitled to the relief requested in the second Part VII of the amended complaint.
www.atg.wa.gov /pubs/i695/answer_VMICC.html   (1200 words)

  
 Ben Ezra, Weinstein & Co. v. America Online Inc.
Defendant removed the action to federal court on the basis of diversity of citizenship.
Defendant initially argued it was entitled to absolute immunity as an interactive computer service.
Plaintiff also argues that because Defendant voluntarily produced some materials outside the scope of the original discovery order, Defendant waived the limitations and should have been required to produce all of that same class of documents.
pub.bna.com /eclr/992068.htm   (2636 words)

  
 Gender   DEFENDANT
If [the defendant] presents evidence of a legitimate, nondiscriminatory reason for discharging [the plaintiff], then in order for [him/her] to recover against [the defendant], [s/he] must convince you by a preponderance of the evidence that the legitimate reasons offered by [the defendant] were false and that gender discrimination was the true reason.
Because [the plaintiff] was an employee at-will, [the defendant] had the legal right to terminate [his/her] employment unless the decision to discharge [him/her] was based upon [his/her] gender as to constitute intentional and illegal discrimination.
Therefore, even if you may disagree with the actions of [the defendant], or feel such actions were unfair, that alone is not a sufficient legal basis to find in favor of [the plaintiff] on [his/her] gender discrimination claim.
www.state.wv.us /wvsca/jury/gender.htm   (879 words)

  
 Fred Cohen & Associates
It is not possible that the defendant both (1) knew that the data was present and used it and (2) did not know the data was present and had believed that it was deleted at some earlier time.
While it is possible that the defendant did all of the things identified by the prosecution in this case, all of the evidence that I have found speaks against it, and the prosecution has produced no credible evidence to support their contention of knowing possession or use.
Despite the prosecution's claim that the defendant's system is 'super clean' and that therefore the defendant must be guilty, there is, in fact, a great deal of trace evidence in the residual data on the defendant's system and disks, and all of this evidence points to the defendant's innocence.
www.all.net /forsale/ForSample.html   (5461 words)

  
 SENATE BILL NO. 1111 - Defendant/mental competence/evaluat
If the defendant is 4 fit to proceed, the court in which the criminal charge is pending 5 shall be notified and the criminal proceedings may resume.
(1) When a defendant is acquitted on the 5 ground of mental disease or defect excluding responsibility, the court shall 6 order him to be committed to the custody of the director of the department of 7 health and welfare to be placed in an appropriate institution for custody, 8 care and treatment.
If the defendant is determined to have the ability to consent to treatment and then refuses such treatment to remediate his condition, the issue will be returned to court for further direction by the judge.
www3.state.id.us /oasis/1999/S1111.html   (2307 words)

  
 An Emotional Defense: Guiding Your Defendant Through Employment Litigation   (Site not responding. Last check: 2007-10-22)
In some cases, because the defendant had no relationship with the plaintiff, or the alleged injury appears to be trivial, the major source of stress may come from the frustration and inconvenience of having to deal with a complaint.
For defendants who feel they were either negligent, contributed in some way to the injury claimed by the plaintiff, or are ambivalent about their role, the process is much more difficult.
As your defendant gains a better understanding of the cause and effect relationship between stressors and the resultant problematic responses to questions, s/he learns to decrease anxiety in the face of these stressors so that his or her mind can be free to assist you in providing the best defense possible.
www.lexisone.com /balancing/articles/srseptember2003.html   (2014 words)

  
 Complaint: Enrico Cortesano, Defendant
Personal jurisdiction over the Defendant and venue are proper in the Southern District of Florida, as almost all of the actions and transactions alleged and stated herein constituting violations of the Securities Act have occurred within the Southern District of Florida.
Defendant, directly and indirectly, has made use of the means and instrumentalities of interstate commerce, the means and instruments of transportation and communication in interstate commerce, and the mails, in connection with the acts, practices, and courses of business complained of herein.
Fraudulent schemes that purport to offer investments in fictitious securities and financial instruments, sometimes referred to as "prime bank instruments," that are allegedly sold by the world's leading banks or "prime banks" have proliferated during the past decade.
www.sec.gov /litigation/complaints/comp18458.htm   (1315 words)

  
 Opposition to Defendant's Motion to Dismiss
During the motion the defendant asserted that at the time of his arrest for the charges that form the basis of this case, he was prepared to post $50 and forfeit the money.
Defendant Thomas was arrested on October 10, 1984 for alleged violations of 36 CFR 50.10 (c)(d).
The Defendant, anxious to save his time, the Court's time, and the taxpayer's resources, sought to pay the fine, but was advised that the Government has decided to "prosecute.
www.prop1.org /legal/840417/850111.htm   (564 words)

  
 Personal Jurisdiction: In Which Court Can I Sue the Defendant?   (Site not responding. Last check: 2007-10-22)
The defendant enters the state in which you filed suit after the case is filed, even if only for a short visit, and you serve the defendant with the court papers (normally a summons and complaint) in the state.
The defendant (individual or business) has engaged in at least a small but significant amount of activity that constitutes "minimum contacts" in the state in which you've filed the lawsuit (and the case involves that activity).
The "minimum contacts" requirement generally means that a defendant (person or business) who is a citizen of a different state must have enough connection to the state where a case has been filed for a judge to conclude that it's fair for the state to exercise power over the defendant.
www.nolo.com /lawcenter/ency/article.cfm/objectID/159381D6-E3A3-4B65-B24392EF8F06E693/catID/8F965511-320B-429E-AFF92326E148C549   (1311 words)

  
 Information for Guidance of the Defendant   (Site not responding. Last check: 2007-10-22)
The Defendant in any court action is presumed to be free of responsibility in such action until the Plaintiff proves the facts by showing a preponderance of the evidence.
The Defendant is advised to bring whatever books, papers, and witnesses he may need to establish his defense to said claim.
Should the Defendant fail to appear at the time and place set forth, a Default Judgment will be entered for the amount of the claim stated, plus court costs.
www.churchillcounty.org /jcourt/smallclaims-d.htm   (428 words)

  
 [No title]
In addition, the Defendant has received no assurance from the government that such statements are not part of the government's case and the government does not intend to introduce such statements into evidence.
If such statements exist and the government intends to use them at trial, the Defendant has cause and the authority of the Supreme Court to require that such statements be edited or redacted in such a manner so as to avoid incriminating him.
We hold that the Confrontation Clause is not violated by the admission of a nontestifying codefendant's confession with a proper limiting and instruction when, as here, the confession is redacted to eliminate not only the defendant's name, but any reference to her existence.
www.dcfpd.org /motions/alaska/discover/codefsta.htm   (629 words)

  
 Chapter 135 — Arraignment and Pretrial Provisions
When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found.
Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, no admissions made by the defendant or the attorney of the defendant at the hearing shall be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.
If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel.
www.leg.state.or.us /ors/135.html   (2969 words)

  
 Legal Definition of Defendant
DEFENDANT - In criminal cases, the person accused of the crime.
In some states, or in certain types of actions, the defendant is called the respondent.
At common law a defendant cannot have judgment to recover a sum of money of the plaintiff, but this rule is, in some cases, altered by statute.
www.lectlaw.com /def/d025.htm   (121 words)

  
 Reference.com/Encyclopedia/Defendant
A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
The actions of a defendant, and its counsel, is known as the defence.
In an informal usage and non-legalistic sense outside the legal context, the term respondent can be used to refute or response to a thesis or an argument in question http://selfknowledge.com/81325.htm.
www.reference.com /browse/wiki/Defendant   (251 words)

  
 Defendant's Reciprocal Rosario
The Court of Appeals has noted that whenever the prosecutor would be requesting the defendant to produce evidence that is arguably privileged, the request should always be outside the presence of the jury.
Requiring a defendant who takes the stand either at a pretrial hearing or at trial to disclose discussions with counsel, or to require the defense attorney to disclose those discussions, impinges on communication twice: first, at the time of the confidential disclosure; second, at the time of testifying.
A defendant who knows that the price of taking the stand is that previously confidential statements will be disclosed may well decide to forego testifying.
www.mcacp.org /issue26.htm   (998 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.