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The trial judge has discretion whether or not to appoint new counsel on request of the defendant. A Marsden motion is a unique means by which a criminal defendant can communicate with the court. A criminal defendant who is represented by counsel can only communicate with the court through that counsel.
If the government does not deliver a witness's Jencks statement to the defendant, the court may strike the witness's testimony or declare a mistrial. [13] The Jencks Act has been characterized as intending to assure defendants of their right to confront their accusers under the Sixth Amendment. [14] Its provisions are not a constitutional ...
The report must be disclosed to the court, the defendant, defendant's counsel, and the attorney for the government at least 35 days before the sentencing. Local rules, adopted by the judges of each jurisdiction, supplement the federal rules and set a specific schedule for the disclosure of the initial draft of the presentence report to the ...
Requests for admission help narrow the scope of the controversy by getting certain admissions or denials of issues relevant to the lawsuit on record before a trial takes place. While evidence introduced at trial can be rebutted, admissions which are on record must be taken as true unless the judge permits them to be withdrawn or amended. Thus ...
The defendant Anthony Faretta was accused of grand theft in Los Angeles County, California. Well before the trial began, the defendant requested permission to represent himself. Questioning by the judge revealed that he had once represented himself in a criminal case and that he believed that the public defender's office was under a heavy case ...
The juror, in the letter to Broward Circuit Court Judge Elizabeth Scherer, said that another member of the 12-person jury heard others who voted for the death penalty “stating that I had already ...
Summary judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.
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