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Under the "choice-of-evils" theory of section 35.05, it is a question of fact for the criminal jury whether the conduct was justified under the circumstances. See People of the State of New York v. Maher, 79 N.Y.2d 978 (1992). As discussed in People of the State of New York v.
This offence is created by section 35 of the Offences against the Person Act 1861 (drivers of carriages injuring persons by furious driving): "Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor ...
[54] [55] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the ...
Glanville denied the motion [64] and the trial was paused on July 1 until a higher court ruled on the recusal. [65] Two weeks later, Glanville was recused and the trial resumed under the direction of Shukura L. Ingram. [66] [11] Ingram recused herself three days later, citing "an improper relationship between a defendant and one of her former ...
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A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". [1] Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human ...
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Court proceedings, including the trial, were held in the Manhattan Criminal Courthouse in the Civic Center neighborhood. During Trump's arraignment, the court set deadlines for pre-trial proceedings, including for prosecutors to provide discovery to the defense. [129] The court set a deadline of August 8, 2023, for pre-trial motions to be filed ...