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28 Nov 2022, 5:01 am by Roger Parloff
Without a concrete plan or an express order to go in, how is the jury to know beyond a reasonable doubt that what was in the minds of the two cooperating witnesses was the same thing as what was in the minds of the charged defendants? [read post]
28 Sep 2015, 6:00 am by David Kris
  The U.S. itself takes exactly the same position with respect to grand jury subpoenas compelling production of records stored abroad, and (as discussed below) with respect to the SCA provisions compelling production of email data stored abroad. [read post]
22 Jan 2016, 5:08 am by SHG
  At Fault Lines, Ken Womble provides the backstory from the Appellate Division, Second Department’s decision reversing the dismissal of homicide charges: According to the evidence presented to a grand jury, on October 18, 2012, before dawn, the defendant allegedly caused two collisions when he drove his car on the Long Island Expressway while he was under the influence of alcohol. [read post]
2 Oct 2019, 4:02 pm by David Alan Sklansky
  The hearsay rule doesn’t apply to police investigations or grand jury proceedings, and it most definitely does not apply to whistleblower complaints. [read post]
5 Dec 2011, 1:43 pm by Kim Zetter
The hearing is a military procedure similar to a grand jury hearing, whereby prosecutors will lay out their evidence before a judge who will determine if the case is sufficiently strong for the young private to be court-martialed. [read post]
31 Mar 2007, 5:13 am
In their Reply (# 67), Defendants attempt to distinguish de la Jara and In re Grand Jury (Impounded) on the ground that those cases involved a single document and that Bowles v. [read post]
24 Jan 2012, 12:48 pm by Ken
Therefore, typical federal investigations — especially white collar and complex ones — can take years, and can involve slowly flipping one witness against the next, bringing witness after witness before the grand jury to lock them in, sending subpoena after subpoena to third parties, until the prosecutors build their case. [read post]
27 Aug 2015, 10:57 pm by James E. Novak, P.L.L.C.
Having said that, it is important to understand the consequences of which a person is exposed in making that choice: It could result in serious harm or death as the officer retaliates; The suspect who used deadly force against an officer to protect themselves will likely be arrested and a criminal investigation will ensue; The suspect may be charged with aggravated assault or homicide if the force used by the police officer did not exceed the lawful amount of force needed under the law; In trial,… [read post]
7 Mar 2011, 3:05 am by Steve Lombardi
A special grand jury returned the indictment of manslaughter ... [read post]
5 May 2010, 5:13 am
He did because of this little gem:THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION:No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal… [read post]
13 Aug 2014, 11:38 am by Michael Lowe
Nueces County District Attorney Anna Jimenez Corpus Christi DA was indicted by a Jackson County Grand Jury on aggravated perjury charges; the indictment alleged that Ms. [read post]
12 Apr 2013, 2:28 am by Susan Brenner
That puts Roe in a really bad place: If the jury believes what John says – that Jane heard Roe confess to the murder for which he is on trial – they’re almost certainly going to convict him (unless he’s arguing self-defense, say). [read post]
11 Feb 2020, 5:00 am by Charlotte Butash, Hilary Hurd
Argument #3: Exclusion of Agency Counsel Is Inappropriate Next, Trump’s legal team argues that the House committees improperly excluded agency counsel from accompanying executive branch witnesses compelled to testify. [read post]
Call a Tampa Bay Federal Defense Attorney if you believe you're under threat from a Federal Investigation, Federal Grand Jury or Federal search warrant.Here is some of the relevant Federal Law on Detention Hearings in Federal Court:Under the Federal Bail Reform Act, 18 U.S.C. [read post]
15 Jun 2022, 3:51 am by SHG
Witnesses before grand juries wind up talking to the media, for example, or those witnesses may file court actions to try to block the investigation. [read post]
22 Jun 2016, 4:00 am by Ken Chasse
It deals with the changes in, plea bargaining, disclosure to defence counsel, and the movement towards the abolition of the preliminary inquiry, and with Ontario’s grand jury until it was abolished in 1975. [read post]
13 Jan 2010, 6:09 am by Maxwell Kennerly
" In re Special Grand Jury Investigation, 104 Ill. 2d 419, 424 (1984). [read post]
17 Dec 2007, 12:06 am
Trent Lott, and recall also that Hood has stated in open court in Harrison County, on April 11, 2006, that he already had many of the State Farm documents that he was requesting through grand jury subpoenas: "We know what a lot of it that they're going to produce and we're just going to see if they actually give us what is written on them and stuck to them and so forth. [read post]