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Under Rule 29, Federal Rules of Criminal Procedure the "motion for a judgment of acquittal," or Rule 917, Rules for Courts-Martial the "motion for a finding of not guilty," if the evidence presented by the prosecution is insufficient to support a rational finding of guilty, there is no reason to submit the issue to a jury.
State agencies promulgate rules and regulations (sometimes called administrative law) in the Register of Ohio, which are in turn codified in the Ohio Administrative Code (OAC). Ohio's legal system is based on common law , which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeals, and trial courts ...
Ohio's felony murder rule constitutes when someone commits a first- or second-degree felony, besides voluntary or involuntary manslaughter, in the course of or causing another person's death. [2] Standard murder in Ohio has a mandatory minimum sentence of 15 years in prison, and a maximum sentence of life imprisonment without the possibility of ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
A defendant found "not guilty" is not legally answerable for the criminal charge filed. An acquittal is when a judge or jury finds a defendant "not guilty" of the crime charged. [6] "Not guilty" also refers to a type of plea in a criminal case. To avoid confusion, the term "acquittal" is often used in place of it to refer to the court judgment.
If the defendant has been deceived by the state in a criminal action, a continuance can be granted. [61] [62] [63] A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint. [64] [65] A continuance may be granted because unexpected evidence or testimony has emerged.
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
The Vicinage Clause is a provision in the Sixth Amendment to the United States Constitution regulating the vicinity from which a jury pool may be selected. The clause says that the accused shall be entitled to an "impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law". [1]