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The writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), but is occasionally issued to a state's intermediate appellate court for cases where the state supreme court denied certiorari or review and ...
By virtue of practice directions issued under section 75(1) of the Senior Courts Act 1981, an indictment must be tried by a High Court judge, a circuit judge or a recorder (which of these depends on the offence). As to the form of an indictment, see the Indictments Act 1915 and the Indictment Rules 1971 made thereunder.
The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. [1] The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year.
It requires grand juries to be composed of 16 to 23 members and that 12 members must concur in an indictment. [15] [16] A grand jury is instructed to return an indictment if the probable cause standard has been met. The grand jury's decision is either a "true bill" (formerly billa vera, resulting in an indictment), or "no true bill".
If the preliminary inquiry judge rules that the Crown prosecutor has satisfied this standard, the Court commits the accused to stand trial. The Crown prosecutor then files an indictment, which is the formal charge to begin the trial, normally in the superior trial court. The indictment is based on the charges originally set out in the information.
The Latah County judge in the University of Idaho student murder case threw out all attempts by the defense to toss the grand jury’s indictment of defendant Bryan Kohberger, shutting the door on ...
A day after filing a sealed brief seeking to justify his superseding indictment against Donald Trump, special counsel Jack Smith is pushing to file a public version of the brief that includes ...
Jury sentencing is the practice of having juries decide what penalties to give those who have been convicted of criminal offenses. The practice of jury sentencing began in the US state of Virginia in the 18th century and spread westward to other states that were influenced by Virginia-trained lawyers. [61]