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Kerry P Fitzgerald, "Criminal Procedure: Pretrial, Trial and Appeal" (1991 to 1992) 45 Southwestern Law Journal 1593 (Annual Survey of Texas Law) HeinOnline Kerry P FitzGerald and Catherine Greene Burnett, "Criminal Procedure: Pretrial, Trial and Appeal" (1993) 46 SMU Law Review 1261 (No 4, Spring 1993) (Annual Survey of Texas Law) HeinOnline
[1] For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action.
An omnibus hearing is a pretrial hearing. It is usually held soon after a defendant's arraignment . The main purpose of the hearing is to determine the evidence , including testimony and evidence seized at the time of arrest.
In New York, the prosecution must be "ready for trial" within six months on all felonies except murder, or the charges are dismissed by action of law without regard to the merits of the case. This is also known as a "ready rule". [5] The federal law detailing this right in federal actions is the Speedy Trial Act of 1974. In 1979 the Act was ...
This means that dueling is still legal according the Texas penal code. The law states that any two individuals who feel the need to fight can agree to mutual combat through a signed, verbal or ...
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
The Texas State Office of Administrative Hearings (SOAH) was created in 1991 by the 72nd Texas Legislature as an independent agency to manage and conduct hearings in contested cases for most licensing and other state agencies. [1] SOAH provides a forum for administrative hearings for agencies without staff to conduct hearings. [2]