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Virginia v. Moore, 553 U.S. 164 (2008), is a Supreme Court of the United States case that addresses use of evidence obtained by police in a search incident to an ...
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
The Second Circuit has ruled that agent notes used to prepare a final report must also be preserved. [103] If the prosecution elects not to comply with the order to produce Jencks Material, the court shall strike the testimony of the witness and continue with the trial. If the interests of justice require such, the trial is properly called a ...
The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the state's criminal law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors ...
Virginia has a motion called a "motion to strike the evidence", which functions exactly the same as a motion for judgment as a matter of law in most other courts. Such a motion is made at the close of evidence (before the jury deliberates, if there is a jury). Where such a motion is granted, summary judgment will be entered.
In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benefit. Government agencies may also be a ...
Hollingsworth v. Virginia, 3 U.S. (3 Dall.) 378 (1798), was a case in which the United States Supreme Court ruled early in America's history that the President of the United States has no formal role in the process of amending the United States Constitution and that the Eleventh Amendment was binding on cases already pending prior to its ratification.
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).