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The defendant Anthony Faretta was accused of grand theft in Los Angeles County, California. Well before the trial began, the defendant requested permission to represent himself. Questioning by the judge revealed that he had once represented himself in a criminal case and that he believed that the public defender's office was under a heavy case ...
Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded ...
The report must be disclosed to the court, the defendant, defendant's counsel, and the attorney for the government at least 35 days before the sentencing. Local rules, adopted by the judges of each jurisdiction, supplement the federal rules and set a specific schedule for the disclosure of the initial draft of the presentence report to the ...
Summary judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
Court orders that prohibited two criminal defendants from possessing firearms while they awaited trial were constitutional because they were in line with past restrictions on firearms, a federal ...
Court restrictions barring two pretrial criminal defendants from possessing guns were constitutional, a federal court ruled Monday. Firearm restrictions on defendants awaiting trial are ...
The drafters of the original Rules of Civil Procedure had not intended summary judgement to be widely used, as summary judgement prevents a jury from ever hearing the case. The finding in Celotex was seen as a partial reversal, and opened up the floodgates of summary judgement. Despite winning at the Supreme Court, Adickes did not take the case ...