Public Access To Court Electronic Records

criminal case

Criminal Procedure Sentencing Prayer For Judgment Continued

The trial court docket erred by failing to sua sponte inquire into the defendant’s competency. The trial court also asked the defendant about her capability to learn and write and whether she understood the fees in opposition to her. However, this inquiry pertained only to effects of the ache medication. More importantly, it was not timely on condition that the defendant’s refusal to return to the courtroom and resulting outbursts occurred two days later. The court docket remanded for a dedication of whether or not a significant retrospective competency listening to might be held.

In this ordinary larceny case the place the defendant was sentenced as a recurring felon, the defendant didn’t establish that his trial counsel didn’t have authority to stipulate to the prior convictions used to raise his charge to ordinary larceny. Citing a previous decision, the courtroom explained that a defendant’s attorney might stipulate to a component of a charged crime and that an lawyer is presumed to have the authority to behave on behalf of his or her shopper throughout trial, including while stipulating to parts. The report on this case did not present that the defendant’s legal professional acted with out his authority with regard to the stipulation. The trial court didn’t err by permitting offensive collateral estoppel to ascertain the underlying felony for the defendant’s felony homicide conviction.

The trial court docket afforded the defendant a possibility to have a forensic examination carried out during trial but … Read More

Caselaw Access Project

search case law

#2 – Look At The “Annotated” Version Of The Law

In Carroll, the Court established the “automobile exception” to Fourth Amendment protections against warrantless searches. In this Prohibition-period case, the Court famous the inherent difference between buildings and autos – buildings stay stationary while automobiles and different vehicles may be moved and hidden earlier than a warrant may be issued. The Court held that if officers have probable trigger that an automobile accommodates evidence of a criminal offense, the automobile in question could be searched without a warrant. Collections of the briefs filed for Supreme Judicial Court and Appeals Court circumstances, arranged by Massachusetts Reports and Appeals Court Reports quantity numbers.

Newspapers can level you to key authorized cases for further research, or help fill within the details concerning the case, so you possibly can run a better search. Google Scholarindexes a large number of US authorized journals – educational and commerce. Search Google via the SFU Library to maximize your free entry to journals.

Contains Federal Supreme Court Case Law from the official Supreme Court reporter, U.S. From the advanced case law search display screen, restrict your search to a particular court. Google Scholar supplies full text looking out of all levels of each US courtroom systems (Federal & State). Govinfo – incorporates enacted US federal legislation (aka Public Laws) from 1995-present.

Secondary legal literature points you to key cases on a topic, supplies important legal analysis, and will situate important case regulation in its authorized context. Typical sources … Read More

Criminal Case Access

criminal case

Ii. Setting Of Trial Date

If a plea bargain goes to be supplied by the Prosecutor, it is done here. This is the primary courtroom appearance for any misdemeanor or felony. Once charged and arrested, the suspect seems in District Court for arraignment.

Civil Law Vs. Criminal Law: Conduct At Issue

In a civil case, the particular person (or a company) who started the lawsuit (plaintiff) has the burden and obligation to prove the case with stronger proof than the defendant has. In different phrases, for the plaintiff to win the case, the judge or a jury must believe that the burden of the plaintiff’s proof is bigger than the weight of the defendant’s proof. Our authorized system recognizes two kinds of regulation circumstances — civil and felony. In civil circumstances, an individual who feels wronged — referred to as the “plaintiff” — brings legal motion in opposition to a perceived wrongdoer to guard the plaintiff’s interests and, if applicable, to gather damages.

The person being sued is known as the “defendant.” In a civil case, the person who feels wronged decides whether or not to convey swimsuit and also decides how a lot cash in damages to seek. In criminal instances, a victim of against the law doesn’t sue, however somewhat the state (plaintiff) sues the person allegedly committing the crime (defendant), and the sufferer turns into a witness within the case. A federal appeals court this week ordered the felony case against Michael Flynn to be dropped. But … Read More