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Trial court did not err in denying defendant-appellants motions for a new trial, acquittal, and/or mistrial when no Brady violation occurred. Trial court did not err in denying defendant-appellants motion to dismiss based on pre-indictment delay when defendant-appellant failed to demonstrate the exculpatory nature of the evidence for which he was deprived due to the delay. Trial court did not err when it sentenced defendant-appellant to consecutive sentences.
DAYTON -- China Arnold's first trial ended with a twist worthy of a paperback novel or a Perry Mason television episode. Her second trial starts Monday, Aug. 11.
Defendant-appellant appeals the trial court's judgment, which found him guilty of murder in violation of R.C. 2903.02(A). On appeal, defendant-appellant raises challenges regarding the sufficiency and manifest weight of the evidence, various evidentiary rulings, and the trial court's decision to overrule his requests for a mistrial and a new trial. Finding no prejudicial error in the particulars assigned and argued, we affirm.
A man accused of killing a Charleston taxi cab driver will receive a new trial because of a deadlocked jury. Kanawha Circuit Judge Jennifer Bailey Walker declared a mistrial and scheduled a new trial for Aug. 14.
VICTORVILLE A Superior Court judge on Friday declared a mistrial and ordered a new trial in a civil case involving two former nurses at Desert Valley Hospital who claimed they were fired for reporting wrongdoing at the hospital. Citing juror misconduct, Judge Stanford Reichert tossed out a roughly $880,000 verdict against the hospital for wrongful termination of the two women.
Because juror misconduct did not prejudice appellant's right to a fair trial, trial court did not err in declaring a mistrial or in denying motion for new trial and trial counsel was not ineffective for failing to move for mistrial upon learning of misconduct where counsel did move for new trial. Conviction for gross sexual imposition was supported by sufficient evidence and was not against the manifest weight of the evidence. Under facts of this case, gross sexual imposition and rape were not allied offenses of similar import as they were committed with separate animus.
... a Michigan court, respondent Lett’s first trial for, inter alia, first-degree murder took less tha...The judge then declared a mistrial, dismissed the jury, and scheduled a new trial. At...
After four days and about 20 hours of deliberations, a weary federal court jury on Monday announced for a second time that it was deadlocked in the case of a former Memphis police officer accused of beating a transgender prisoner in 2008. S. Dist. Court Judge S. Thomas Anderson, who told jurors on Friday to keep trying, reluctantly declared a mistrial this time and said he would rule later this week on prosecutors' request for a new trial date for Bridges "Sutton" McRae.
... discretion in denying their motion for a mistrial or a new trial. For the foregoing reasons, we reje...
Criminal Procedure Double jeopardy
BOTTOM LINE: Where trial judge was aware of the substance of the defense ca..., retrial of the defendant after a mistrial was declared was barred by the double jeopardy cla...
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