Search Results for trial court

...Robert W. Pratt © The Ohio State University A Trial Judge on the Supreme Court When I was asked to write a short piece expressing whatever was on my mind regarding changes in the criminal law over the last two years, I could think of no better topic than my fascination with the recent arrival...

...Adam Thurschwell © The Ohio State University Federal Courts, the Death Penalty, and the Due Process Clause: The Original Understanding of the ª Heightened Reliabilityº of Capital Trials A DA M THURSCHWELL* Assistant Professor of Law, ClevelandMarshall College of Law, Cleveland State University...

...Frederick P. Hafetz © The Ohio State University The Virtual Extinction of Criminal Trials: A Lawyer s View from the Well of the Court FREDERICK P. HAFETZ* Partner, Hafetz & Necheles LLP, New York City A former federal prosecutor and long-time defense attorney laments the decline of trials...

... available to a sentencing court. Sentencing discretion is conferred upon trial courts by the General Assembly through its statutory enactments, and the trial courts have full discretion to impose a prison sentence that falls within the prescribed statutory range. With such wide-ranging discretion...

... acknowledge the implications of accepting restitution as punishment. If courts would concede restitution’s punitive purpose and effect, the Constitution could limit the scope of restitution awards — through the Sixth Amendment’s jury trial right and the Eighth Amendment’s excessive fines clause. Under...

....37 After the defense expert testi ed, the district court asked the USAO to submit a posthearing brief to assist the Court in applying Tenth Circuit law on knowing possession to the fty-nine images the prosecution submitted as evidence.38 The USAO declined to do so.39 In the end, the trial court...

...Jonathan J. Wroblewski Abstract When the Supreme Court issued its decision in Booker v. United States , many believed it would lead to fundamental reform of the Federal Sentencing Guidelines. Others, by contrast, believed that Booker was the “fix.” Before the decision, federal sentencing...

... © The Ohio State University Mindy M. Cline v. State of Indiana (Ind. Ct. App. 2016) Mindy Cline Cline appeals the denial of her petition for expungement, presenting the sole issue of whether the trial court abused its discretion. We reverse and remand. In 2003, Cline was convicted of Forgery...

... further probation? We hold, in accordance with Arizona Revised Statutes (ÒA.R.S ¤ 13-901.01(E) (2001), that such a defendant cannot reject probation and the trial court must continue the defendant on probation and impose appropriate additional conditions. We therefore vacate the trial courtÕs order...

... case where she has discretion to impose a sentence anywhere between one day in county jail and a life term in prison. Standards for wielding this discretion are astonishingly vague. According to the California Supreme Court, a trial judge must depart from the Three Strikes Law and impose a more lenient...

... Amendment s jury-trial right, as articulated in Blakely v. Washington,1 are structural error, requiring automatic reversal.2 In an earlier article I explain why Recuenco presents a substantial federal question for the Supreme Court s resolution.3 That article also suggests that Recuenco presents a perfect...

...” and “criteria” in the adjudication of sentences by general and special courts-martial; (3) the role of the military judge in the adjudication of sentences; (4) consideration of plea agreements at the trial level; (5) appellate review of sentences; (6) clemency and related actions on the sentence, and more...

... months of debate, the Sentencing Commission and the General Assembly chose the jury procedures plan. This outcome happened because actors with a statewide centralizing perspective prevailed over the field actors from the trial courts. Policy designers in the capital saw jury procedures as the best way...

... economic losses. The Chief Justice periodically enhances the monetary jurisdiction of sitting magistrates by announcement in the Kenya Gazette, the official government publication. Trial courts are empowered to pass sentence pursuant to the Criminal Procedure Code (CPC) once the court has heard...

... the victim s right could otherwise have been exercised, that right has effectively been denied. Public court proceedings include both trial level and appellate level court proceedings. It does not make sense to enact victims rights that are rendered useless because the victim never knew of the proceeding...

... and presentations have created a national EBS infrastructure and fueled actions at both the policy and practice levels that is, the development of national and state-level polices promoting the use of EBS, as well as the actual use of EBS practices in state trial courts.21 National polices promoting the use of EBS...

... that have created sentencing commissions to promulgate sentencing guidelines for the states trial courts.2 In Oregon, the sentencing guidelines set forth a presumptive sentencing range depending on variables such as the gravity of the offense and the defendant s criminal history.3 Oregon also has...

... not reached the merits of the constitutional claim).14 It was not clear until 1963, when the Court decided Gideon v. Wainwright,15 that an indigent state criminal defendant had the fundamental constitutional right to appointed trial counsel at public expense, as applied to the states through the Fourteenth...

.... Implement a Unified Structure of Fines Under current California law, in addition to determining an appropriate custody term or other terms of probation, a court must impose a series of fines or special assessments on each defendant, whether the crime is a felony or a misdemeanor. The trial judge must search...

... was accused of molesting his aunt s ten-year-old daughter, arrested, and brought to trial. Shane Hauschild, a Mendocino County Deputy Public Defender, was assigned to Edward s case. Just before the trial court was to hold a jurisdictional hearing in the case, Mr. Hauschild requested a week s continuance...