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[17] [18] Case law of the Speedy Trial Act is found in 16 ALR 4th p. 1283 et seq. [8] [19] A defendant's rights under the Speedy Trial Clause of the Sixth Amendment are triggered by "either a formal indictment or information or else the actual restraints imposed by arrest and holding (imprisonment) to answer a criminal charge." [20] In the 1972 ...
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for ...
If a defendant fails to file a responsive pleading within 21 days from service or after decision on preliminary motions, the defendant will be deemed to be "in default." [6] That defendant is also deemed to have waived his right to a jury trial. In order for a plaintiff to obtain a default judgment, he must apply to the trial court for entry of ...
The notice provided to the defendant must instruct the defendant of several things. It must explain how the trial date will be set; it must inform the defendant that failure to appear and contest the claim can result in a default being entered; and, under something of a quirk of Virginia law, it must tell the defendant how they may object to ...
The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
Kessler was a civil lawsuit against various organizers, promoters, and participants in the Unite the Right rally, a white supremacist rally that took place in Charlottesville, Virginia in August 2017. The trial began in October 2021, and on November 23, the jury reached a mixed verdict in which they found various defendants liable on claims of ...
Cominsky had been arrested on a DWI charge, but it was later dismissed. He was also arrested for alleged reckless driving, a felony hit-and-run and assault on law enforcement, according to NV Daily. Cominsky died by hanging, according to the Office of the Chief Medical Examiner in Virginia. Jail or Agency: RSW Regional Jail; State: Virginia
Shenberg, the defendants faced 55 counts and after trial, they were convicted of 3 counts only. Subsequently, the prosecutors wanted to use the acquitted counts to support a different prosecution. Ultimately, the court held that direct estoppel prevented the prosecution from issuing the counts already adjudicated to prove different counts. [ 14 ]