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Articles 1 - 10 of 10
Full-Text Articles in Law
Bowser V. State Of Nevada, 135 Nev. Adv. Op. 15 (May 16, 2019), Andrew Brown
Bowser V. State Of Nevada, 135 Nev. Adv. Op. 15 (May 16, 2019), Andrew Brown
Nevada Supreme Court Summaries
The Court overruled precedent which held that a presumption of vindictiveness applies when a judge imposes a longer sentence after a new trial.
The Damage Is Done: Ordering A New Trial Based Only On Damages, Katherine Kubale, Richard Bales
The Damage Is Done: Ordering A New Trial Based Only On Damages, Katherine Kubale, Richard Bales
Pepperdine Law Review
Federal Rule of Civil Procedure 59(a) allows trial courts to grant new trials to any or all of the parties, on any or all of the issues, including damages. However, the federal circuits are split on how to handle new trials based solely on damages. One croup of circuits grants partial new trials on damages alone only if the erroneous damage amount did not in any way affect the determination of any other issue. Under this standard, a new trial on damages is allowed when the second jury can evaluate the first damage award without also re-examining other issues, such …
Interpreting The Phrase "Newly Discovered Evidence": May Previously Unavailable Exculpatory Testimony Serve As The Basis For A Motion For A New Trial Under Rule 33?, Mary Ellen Brennan
Interpreting The Phrase "Newly Discovered Evidence": May Previously Unavailable Exculpatory Testimony Serve As The Basis For A Motion For A New Trial Under Rule 33?, Mary Ellen Brennan
Fordham Law Review
Rule 33 of the Federal Rules of Criminal Procedure permits a federal court to grant a new trial to a criminal defendant if the “interest of justice so requires,” specifying as one potential basis the availability of “newly discovered evidence.” The federal circuit courts have disagreed as to whether postconviction testimony proffered by a codefendant who had remained silent at trial may serve as the basis for a Rule 33 motion grounded on newly discovered evidence. A majority of the federal circuits, including, most recently, the U.S. Court of Appeals for the Second Circuit, have held that, while a codefendant’s …
Ordering A New Trial After Sustaining Defendant's Motion To Correct Errors Under Indiana Trial Rule 59 Alleging Insufficient Evidence In A Nonjury Trial, Dennis L. Moeschl
Ordering A New Trial After Sustaining Defendant's Motion To Correct Errors Under Indiana Trial Rule 59 Alleging Insufficient Evidence In A Nonjury Trial, Dennis L. Moeschl
Indiana Law Journal
No abstract provided.
People V. Sheran, Jesse W. Carter
People V. Sheran, Jesse W. Carter
Jesse Carter Opinions
The trial court had the power to modify a verdict by reducing the class of defendant's crime. Substantial evidence in the record supported the modification, and no inference could be drawn from the evidence contrary to those drawn by the jury.
Carney V. Simmonds, Jesse W. Carter
Carney V. Simmonds, Jesse W. Carter
Jesse Carter Opinions
The motion for a new trial by an administratrix was properly granted because a reasonable construction of her complaint would point to a fraudulent exclusion of the administratrix from the hearing on the application to set aside her son's estate.
New Trial In Federal Criminal Cases, Lester B. Orfield
New Trial In Federal Criminal Cases, Lester B. Orfield
Villanova Law Review
No abstract provided.
Hall V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Hall V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
A husband's request for a writ of mandamus to compel a court to fix the amount of permanent alimony he must pay to his wife, who was receiving temporary alimony, was improper and the request was denied.
Appeal And Error-Jury Trial-Power Of Appellate Court To Reverse And Enter Final Judgement Without Granting A New Trial
Indiana Law Journal
No abstract provided.
Rendition Of Final Judgments By Trial Courts On Motions For Judgment Notwhithstanding The Verdict And On Motions For A New Trial, Arthur W. Phelps
Rendition Of Final Judgments By Trial Courts On Motions For Judgment Notwhithstanding The Verdict And On Motions For A New Trial, Arthur W. Phelps
Faculty Publications
No abstract provided.