Search results
Results from the WOW.Com Content Network
[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 ...
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.
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 ...
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 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.
More than 600 have been charged with assaulting, resisting or obstructing law enforcement, including around 175 charged with using a deadly or dangerous weapon or causing serious bodily injury to ...
The Court unanimously held, in an opinion written by Justice Harry Blackmun, that Rule 43 does not permit the trial in absentia of a defendant who is absent at the beginning of trial. This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial in absentia of a defendant who absconds prior to trial and is ...
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