What Happened To Justice In America? Aug 6, 2008
The appellate court claims that the jury was the fact-finder ; the jury heard all of the evidence;the case was conducted fairly and without reversible error. But was it really. (Human Events Online)
Court upholds prison for border agents Jul 29, 2008
The appeals court said the trial was "conducted fairly and without reversible error." It affirmed the men's convictions on five counts each, including discharge of a firearm in commission of a crime of violence, which the court said carries a minimum term of 10 years. The court sent the case back for resentencing and reversed convictions on five tampering counts because the Border Patrol investigation was not an "official proceeding" based on statute. (MSNBC -- Crime)
Court says Kitchens wrong to deny trial Jul 6, 2008
As the state confesses error with regard to the circuit court s refusal to grant Ude a jury trial, we find that the circuit court committed reversible error in this regard, Court of Appeals Judge Donna Barnes wrote for the 10-member panel. Therefore, we reverse the judgment of circuit court and remand this case for a jury trial. (Columbus Commercial Dispatch, MS)
Final Arguments: Berkeley vs. the SAHPC Mar 22, 2008
Observers knowledgeable about CEQA cases have independently agreed that the site visit was improper, and possibly constituted reversible error. It thus seems possible that Volker intended this comment to begin building a basis for an appeal should this court's decision go against his side. (GoCyberBears.com)
Jury deadlocked on murder Feb 22, 2008
Beale would not allow her testimony to be given to the jury, he stated in an order, to avoid a reversible error in the trial. The state wanted her to tell about how Edgeworth treated her in the past to show a method by which Edgeworth allegedly intimidated her to submit to his will. (Rockingham Daily Journal, NC)
Taser wins appeal of verdict on injury to officer Jan 1, 2008
Taser argued the test didn't apply, and the appeals court agreed, finding that the judge's rulings were not reversible error. John Dillingham, a Phoenix lawyer who represented Powers, and Doug Klint, Taser's general counsel, didn't immediately return calls for comment. (Boston Globe)
Novelist's murder conviction upheld Nov 10, 2007
"We conclude that, because the state presented overwhelming evidence of defendant's guilt, independent and separate from the tainted evidence, no reversible error occurred," Justice Edward Brady wrote for the court. The justices also ruled that statements made by Durham prosecutors during closing arguments don't warrant a new trial. (San Francisco Chronicle -- Crime)
Florida state Rep. Bob Allen guilty in bathroom-sex case Nov 10, 2007
Whitaker responded: "I do not believe there was any reversible error in the trial.". He said he thought the jury returned the correct verdict. (Orlando Sentinel -- News)
Woman asks Supco to reconsider negligent homicide conviction Nov 2, 2007
"In this case, there is a reasonable possibility that the inadmissible evidence contributed to the conviction of (Bieber), and this constitutes reversible error as a matter of law," Stephens wrote in the petition. A service of the Associated Press(AP). (Helena Independent Record, MT)
Ryan could be on way to prison after appeals court denies hearing Oct 27, 2007
ut harmlessness is not the test of reversible error when a cascade of errors turns a trial into a travesty, the three judges said. The three dissenting judges, Richard A. Posner, Michael S. Kanne and Ann Clair Williams, were sharply critical of Pallmeyer. (DeKalb Daily Chronicle, IL)
Va. court refuses to review Massey defamation case Sep 27, 2007
Massey and Blankenship asked the Virginia Supreme Court to review the circuit judges dismissal, but the high court declined, saying it found no reversible error in the judges ruling. - advertisement. (Charleston Gazette, WV -- News)
Walker appeal denied Jul 9, 2007
"Finding no reversible error as to any of these issues, we affirm," wrote Circuit Judge Charles R. Wilson. On the Web: http://www. (The Augusta Chronicle)
Court reverses Miller convictions Jul 6, 2007
"We agree that the trial court's denial of defendant's motion to amend his plea of not guilty to not guilty by reason of insanity was reversible error," Weimer wrote in the ruling. The high court's ruling concluded by stating, "Defendant's presentation to the trial court included evidence of lifelong mental problems for which defendant received intermittent treatment from the age of nine."Finding the pre-trial rulings of the trail court denied the defendant his constitutional right to have the... (Gonzales Ascension Citizen, LA)
Judges hear appeals in Philly corruption cases Jun 8, 2007
Defense lawyers Tuesday questioned whether she was replaced because of her view of the case, which might constitute reversible error. "If there is any reasonable possibility that the complaints ... stem from her beliefs in the case, she cannot be removed," lawyer Kevin H. Marino argued Tuesday before a three-judge panel of the 3rd U.S. Circuit Court of Appeals. (NEPA News, PA)
3. Sleepy lawyer won't get a new trial for his client Jun 7, 2007
"In (the 1976 case), the trial hours which were deemed to be reversible error lasted upwards of 19 hours," he wrote, "whereas in the present case a trial day never lasted beyond 13 hours and the parties were provided with frequent recesses.". Colton also rejected Curbo s other arguments for a new trial, including a claim that the attorney sometimes lost focus on his case because the the judge criticized him for what were deemed to be improper questions or irrelevant arguments. (The Commercial Appeal, TN)
Crucible Case Will Not Be Heard Supreme Court panel upholds Stafford ruling on Crucible May 22, 2007
2007 May 10: A three-judge panel of the Virginia Supreme Court refused to hear the county and resident appeal, saying they could see no reversible error in the Circuit Court decision. WHAT'S NEXT. (Fredericksburg.com, VA)
Arthur still fights system after 25 years Apr 30, 2007
April 5, 1985 -- The overturns Arthur's conviction, saying Tompkins allowed reversible error to occur when he allowed testimony into the court concerning Arthur's previous murder conviction. Sept. 15, 1985 -- The TimesDaily receives a letter from Arthur, stating his opposition to a change of venue filed by court-appointed attorneys Steve Gargis and Billy Underwood. (Shoals TimesDaily)
Defender system's flaws are in its design Mar 30, 2007
Fuller signed off on a team that was already in place and it probably would have created a reversible error if he had not. The state has created an indigent defense system with major flaws that should be corrected a criminal defendant should get the same quality of representation that the prosecution provides the state, no more and no less. (Atlanta Journal-Constitution -- Opinion)
St. Lucie judge OKs juror questions Feb 17, 2007
Tom Bakkedahl, the Treasure Coast's chief assistant state attorney, said he believes a juror's question could create grounds for a defense appeal that could ultimately lead to a reversible error that otherwise never would have come up. He's also concerned the process could lengthen the duration of a trial. (The Palm Beach Post)
Roberts Urged to Back Out Of 22 Cases Feb 16, 2007
"Why wouldn't we want a judge to follow the law to avoid being overturned on appeal? If she's overly careful to avoid committing reversible error on appeal, I think she's doing her job.". Hileman said it was not appropriate for prosecutors to ask Roberts to remove herself from every case. (The Ledger)
Jury finds man guilty of rape Jan 14, 2007
Ellington said, "We are obviously disappointed with the results. My client will appeal. There were several objections we made throughout the trial in an attempt to point out reversible error.". He said, "We hope to ask for a new trial.". (Paragould Daily Press, AR)
Nichols trial opens today Jan 11, 2007
Defense attorney Kish said Nichols' attorneys, with an appeal in mind, could use the guilt-and-innocence phase of the trial as an opportunity to catch the prosecution or judge to make a reversible error. Nichols' attorneys have revealed virtually nothing about their strategy except for seeking the judge's approval of funds for a mental health expert. (Atlanta Journal-Constitution)
Jones' lawyers ask Supreme Court for review Jan 5, 2007
The Superior Court committed a reversible error also by not outlining the specific aggravating circumstances that would make this a death or life-without-parole case in the indictment. The document claims this has long been common law in Georgia. (Calhoun Times, GA)
Conviction Upheld Despite 'Emotionally Upset' Juror Dec 8, 2006
After Wright was convicted and sentenced to 7 to 14 years, he argued, among other things, that Supreme Court Justice Lewis Bart Stone's failure to investigate whether the juror's emotions rendered her unqualified constituted reversible error. A unanimous panel held that it did not, and dismissed the appeal. (Law.com)
Web-exclusive comment Dec 5, 2006
These easily correctable shortcomings increase the likelihood of reversible error. Parliament's own law-and-order agenda shows little commitment to the value of keeping things simple. (Globe and Mail)
High heel races, food fights and jurors gone wild Dec 1, 2006
"There's certainly nothing on the transcript that would amount to reversible error per se on juror misconduct," Craig Bradley, an Indiana University law professor, said Wednesday. "There would have to be some connection shown to the trial.". (CNN -- Law)
Jurors by day, juveniles by night: Nov 30, 2006
There s certainly nothing on the transcript that would amount to reversible error per se on juror misconduct, Craig Bradley, an Indiana University law professor, said Wednesday. There would have to be some connection shown to the trial. (Montana Standard, MT)
Judge Orders Evidentiary Hearing in Post-Trial Phase of Siegelman/Scrushy Case Nov 7, 2006
In their earlier reply to the government response to the new trial motion, attorneys for Scrushy argued, "Unless this Court can make a determination, without any further investigation, that this jury was not exposed to any extrinsic evidence, or that the affidavits of Juror A telling of the Internet research that was brought into the jury room, and the admissions of Juror **** and Jury Foreman ***** that they conducted Internet research are completely untruthful, and the other evidence already... (WSJA.com, AL)
AMERIGROUP to Appeal Illinois Decision Oct 31, 2006
The Company believes that a number of the Court's rulings constitute reversible error and impacted the jury's findings. AMERIGROUP intends to appeal the case to the 7th Circuit Court of Appeals. (PR Newswire)
Scrushy Team Files Reply to Government Oct 21, 2006
" United States v. Rowe, 906 F.2d 654, 656 (11th Cir. 1990). The Government's suggestion that this Court sweep this entire issue under the carpet without inquiry is especially disingenuous when Defendants have been limited at this stage of the proceedings to whatever evidence they have fortuitously obtained under the strictures of Local Rule 47.1, which precludes any post-trial jury interviews without Court permission. Especially in a jurisdiction where such limits apply, it is incumbent upon... (WSJA.com, AL)
Cost of Beaufort County lawsuit, so far, tops $200,000 Sep 10, 2006
According to Schwartz, the Court of Appeals could decide the trial was conducted fairly, that there were problems with the trial but not reversible error or that the case should be sent back to Superior Court with instructions for further trial proceedings. If the three-member panel of appellate judges does not reach a unanimous verdict, both sides have the right of appeal to the Supreme Court, Schwartz said. (Washington Daily News, NC)
Appeals court reverses opinion after man gives up most of judgment Sep 5, 2006
"The amount of the award," the original opinion stated, "is so contrary to statutory provisions and federal constitutional standards that the verdict is clearly wrong and unjust. We decline to suggest a remitter but instead in the interest of justice reverse and remand the case." The opinion also noted that a remitter - a lowering of the damages awarded - would cure the reversible error. According to the Texas Civil Practices and Remedies Code, the statutory cap on exemplary damages may not... (Conroe Courier, TX)
CA Supreme Court upholds death sentence for church shooters Aug 25, 2006
"We have found no reversible error in any particular instance," wrote Justice Marvin R. Baxter. Albert Lewis, 50, and Anthony Oliver, 44, were sentenced to death in 1993 for the murders of Patronella Luke, 35, a cousin of Lewis' wife, and Eddie-Mae Lee, 76, a family friend. (Fresno Bee -- State)
Rubenstein sentence tossed Killer on death row could be retried Aug 13, 2006
We find the trial court s failure to include the statutorily required sentencing option of life without the possibility of parole constitutes reversible error, said justice Jess Dickinson, writing for the court. Based on the failure of the trial court to instruct the jury that it had the option to sentence Rubenstein to life without possibility of parole, we reverse and remand this case for resentencing on the capital murder charge in accordance with this opinion. (Enterprise-Journal)
11th Circuit Remands $400,000 in Sanctions Against Employment Lawyers Aug 3, 2006
The majority opinion found that Lenard committed reversible error when she did not rely on the findings of the magistrate judge ... The majority opinion found that Lenard committed reversible error when she did not rely on the findings of the magistrate judge. (Law.com)
Moore's lawsuit dismissed on appeal Jul 25, 2006
"We have reviewed the record and find no reversible error," Flanagan wrote. Moore was 62 at the time of the arrest. (The Morning Star)
Wecht's lawyer reprimanded by judge May 18, 2006
"I think it could be reversible error.". Judge Schwab told Mr. McDevitt that the defense was made aware in a March 1 order that any objections to the government's exhibit list had to be filed by May 15. (Pittsburgh Post-Gazette, PA)
Opinion may result in retrial of Robinson May 13, 2006
The second point claims one of the hearsay objections that was overruled was a reversible error. This opinion does not make sense, period, said Scott County Prosecuting Attorney Paul Boyd. (Skieston Standard Democrat, MO)
Court reverses verdict based on prosecutor's misconduct May 12, 2006
David Tomkins, assistant district attorney, said he disagreed that any conduct described in the opinion amounted to reversible error and questioned why the court had chosen to publish the opinion. The state attorney general, who contended that Field's remarks were not improper or, at worst, of no consequence, has 30 days to ask the 6th District to reconsider or to appeal to the California Supreme Court. (San Jose Mercury News)
Tobacco Industry Attacks Landmark $590.9M Jury Verdict Apr 14, 2006
9 million for nicotine patches, telephone hot lines and other programs to help Louisiana smokers kick the habit, saying the trial that led to the decision had "enough reversible error for 10 cases." ... "I submit that is enough reversible error for 10 cases," Wittmann said. (Law.com)
11th Circuit's Abuzz With Sex Toy Litigation Mar 18, 2006
The conclusion of the majority opinion in explains: "we hold that the district court committed reversible error in concluding that the Due Process Clause 'encompass[es] a right to use sexual devices like ... vibrators, dildos, anal beads, and artificial vaginas.'" Yet instead of terminating the case, the 11th Circuit remanded the lawsuit so that an Alabamabased federal district court could consider whether public morality continued to provide a rational basis for the law in the aftermath of... (Law.com)
Family planning. It's well known that China has a... Feb 16, 2006
The Second Circuit, in Ni v. Board of Immigration Appeals, held that the immigration judge's failure to consider the Chengs' claims constituted reversible error, granted the Chengs' petition and remanded the case for further proceedings. The decision can be found at. (Blawg -- Appellate Law)
