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For example, in Ortiz v. State of Florida , [ 2 ] Ortiz had been convicted of possession of less than 20 g of marijuana , a misdemeanor . [ 3 ] However, Ortiz was mistakenly adjudicated guilty of a felony for the count of marijuana possession .
An administrative proceeding is a non-judicial determination of fault or wrongdoing and may include, in some cases, penalties of various forms. They are typically conducted by government or military institutions. In a military setting, a "Captain's Mast", held by a commanding officer of a U.S. Navy unit is one such administrative proceeding.
Trump legal team has already suggested it would claim prosecutorial misconduct, saying shortly after the document was posted that “this was not a simple administrative mistake,” but is ...
The overhaul was intended to make the process of applying for financial aid simpler. But the rollout was plagued by delays, numerous technical glitches and administrative mistakes. The form wasn ...
An example is a civil court trying a criminal charge. Mistakes as to the existence of a jurisdictional fact or other requirement when the relevant act treats that fact or requirement as something which must exist objectively as a condition precedent to the validity of the challenged decision.
“These are mistakes that cause doubt about the outcome,” Andy Taylor, one of Lunceford’s attorneys, said during a court hearing last week. He said the lawsuit details 17 examples of election ...
Under the "clearly erroneous" standard, where a trial court (as opposed to a jury or administrative agency) makes a finding of fact, such as in a bench trial, that finding will not be disturbed unless the appellate court is left with a "definite and firm conviction that a mistake has been committed" by the lower court. [3]