Over Defense Objection, Plaintiff Can Compel Videotaping of Her Deposition Aug 21, 2008
Harz agreed, noting that the broadest latitude should be accorded for discovery and that an audiovisual record is an improvement over a "cold disposition" and assists the trier of fact. She also said that Duran's opposition amounts to a request for a protective order blocking the videotaping. (Law.com)
Barg loses pig appeal Jul 25, 2008
Standard Journal Online - News. The Upper Valley's Must Have News mation. (Rexburg Standard Journal, ID)
VA Attorney General Supports Exoneration Petition Jul 17, 2008
Two years later, legislators also eliminated the deadline for newly discovered nonbiological evidence but established a tough standard: Petitioners must demonstrate that "no rational trier of fact could have found proof of guilt beyond a reasonable doubt." The lab report in Copeland's case meets that standard, Darron wrote, adding that the inmate's petition should be "expeditiously granted.". The appeals court may need another hearing, or it may simply issue the writ, lawyers in the case said. (W-USA News, DC)
One Subpoena Is All It Takes to Reveal Your Online Life Jul 8, 2008
And if, by spontaneous randomness and not insidious ulterior motives, a third party accesses your unprotected wi-fi connection, so to speak, hypothetically, to the extent that you are now exposed to the consequences of having been fraudulently exploited for the purposes of securing x, y or z outcome, what fanciful extrapolation will the trier of fact be willing to entertain then. Mined data is only as clean as you believe it is. (New York Times)
State's attorney also to fight reversal of child porn conviction Jun 25, 2008
In reaching this decision, the appellate court applied improper factors and substituted its judgment for that of the trier of fact. . (The Pantagraph newspaper)
Cohabitation Not a Requirement for Palimony Claim, Says N.J. Supreme Court Jun 18, 2008
"There may be circumstances where a couple may hold themselves out to others as if they were married and yet not cohabit (i.e., couples who are separated due to employment, military, or educational opportunities who do not cohabit). "The trier of fact must consider the realities of the relationship in the quest to achieve substantial justice," Wallace said. "[T]he trial judge should consider the entirety of the relationship and, if a marital-type relationship is otherwise proven, [the palimony... (Law.com)
3rd Circuit: Woman Cannot Be Fired for Having Abortion Jun 3, 2008
"What is clear is that this particular remark may raise a reasonable inference that the abortion was a factor in terminating Doe's employment. Such comments are surely the kind of fact which could cause a reasonable trier of fact to raise an eyebrow, thus providing additional threads of evidence that are relevant to the jury," Nygaard wrote. Davis declined to comment on the ruling, saying the litigation was under seal in the lower court and that he was not sure why the 3rd Circuit had opted to... (Law.com)
Supreme Court issues ruling on money-laundering Jun 3, 2008
But in ruling that the conviction could not stand, the Supreme Court said on Monday: "Although the evidence showed intent to avoid detection while driving the money to Mexico, it did not show that petitioner intended to create the appearance of legitimate wealth, and accordingly no rational trier of fact could have found petitioner guilty.". Although the justices did not agree with every point raised by Cuellar's lawyers, the ruling was a defeat for the government, which has interpreted the 1986... (International Herald Tribune)
Suspect in shooting headed to high court Jun 3, 2008
Although Judge Boyack said he did have some doubt Haddan's actions constituted "personal use," he said there was enough evidence, "to merit a trial, and I think these issues need to be aired in front of a trier of fact.". He denied Webster's request to reduce Haddan's $100,000 bail. (The Union Democrat)
Judge Finds JetBlue Negligent for Destroying Document, but Declines to Impose Sanctions May 6, 2008
On the strength of that finding, the magistrate judge concluded that Whitney had failed to meet a crucial element for determining whether spoliation sanctions are warranted: a showing that "a reasonable trier of fact" could find that the destroyed document would have aided the party seeking sanctions. Pollak rejected the argument proffered by Whitney that discrepancies in the four other versions of the document -- some recited complaints that Whitney made to flight attendants while on board the... (Law.com)
Motions rejected for convicted rapist Apr 11, 2008
"Viewing all the evidence in the light most favorable to the commonwealth, this court holds that the evidence was sufficient to have the trier of fact conclude that [the victim] was unable to give meaningful consent based on [her] own testimony and the other witnesses that testified to [her] intoxicated state during the night in question," Kistler wrote. Previous article: Next article: More stories from The Daily Collegian Online. (Daily Collegian, PA)
Messages from the dark side Mar 17, 2008
We must wait until the investigators in New Hampshire have completed their work, and if necessary, until a trier of fact, a judge or a jury, has considered the evidence and found the accused innocent or guilty beyond a reasonable doubt, before we can reach a reliable conclusion. That is as it should be. (Boston Globe)
High court rejects man’s appeal over murder conviction Feb 28, 2008
Regarding the kidnapping charge, it said the state had to produce sufficient evidence upon which a rational trier of fact could find beyond a reasonable doubt that Rosling restrained Dooley by either holding her in a place of isolation or by using or threatening to use physical force, with the purpose of inflicting bodily injury on or terrorizing her. We conclude that the state did so, said the majority opinion, written by Justice James Nelson. (Helena Independent Record, MT)
New N.J. Law Allows Pulling Plug on Sex Offenders' Internet Access Dec 28, 2007
All four conditions would be mandatory if the trier of fact finds that a computer or any other device with Internet capability was used to facilitate the commission of the underlying crime. A covered sex offender who fails to comply with the Internet access conditions imposed commits a fourth-degree crime. (Law.com)
State rules for Polson in golfer's discrimination, retaliation complaint Nov 20, 2007
Kalinyaprak provided no evidence from which a trier of fact could find that his religious beliefs had caused anyone to discriminate against him, Hanchett wrote. Kalinyaprak, a self-employed computer programmer who came to the United States from Turkey in 1978, represented himself at the hearing, which is run under rules similar to a court proceeding. (Missoulian, MT)
Judge Dismisses Suit Against NYSE, Says Plaintiffs Are 'More at Fault' Nov 9, 2007
In an April 10 decision, Manhattan Supreme Court Justice Charles E. Ramos said the assertions raised "the issue of Mr. Thain's credibility, an issue best left to the trier of fact." But in his most recent opinion, Ramos said that Ms. Wey, who sold her seat before the exchange went public, violated federal and state securities laws by basing her transaction on Thain's assurances, which the judge said was insider information. As a result, he sided with Thain, who had argued that the case should be... (Law.com)
* Court upholds war crimes acquittal of Bosnia's Halilovic Oct 18, 2007
"The prosecution failed to show that no reasonable trier of fact could have reached the conclusion that Sefer Halilovic did not have the required degree of `effective control' over the perpetrators ... to establish his superior responsibility," presiding Judge Fausto Pocar said. Halilovic traveled to The Hague and was in court for Tuesday's ruling. (Taipei Times, Taiwan -- World)
• Wuterich May Face Lesser Charges Oct 5, 2007
Ware's recommendation said, "No trier of fact can conclude Staff Sgt. Wuterich formed the criminal intent to kill.". He called the evidence contradictory, the forensic investigation insufficient and the witnesses biased. (FOX61, CT)
Officer: Drop murder charges against Haditha Marine Oct 4, 2007
"I believe after reviewing all the evidence that no trier of fact can conclude Staff Sgt. Wuterich formed the criminal intent to kill," Ware wrote in reference to the women and children. "When a Marine fails to exercise due care and civilians die, the charge of negligent homicide, and not murder, is appropriate.". (North County Times)
Appeal rejected in recanted rape case Sep 7, 2007
is so insufficient in probative value and force that it can be said as a matter of law that no trier of fact, acting reasonably, could have found guilt beyond a reasonable doubt. The court ruled that standard was not met in this case and the jury s verdict was reasonable, despite the inconsistencies of the victim s statements. (Chippewa Falls Chippewa Herald, WI)
Court Hears Appeal In Bush Murder Plot Jun 22, 2007
He said such evidence is required "to give the trier of fact a comfort level that the statements of the defendant are reliable.". Wilkinson seemed skeptical. (CBS News)
Anna Nicole Smith Judge Larry Seidlin Resigns Jun 20, 2007
In a letter dated June 13, 2007, and addressed to Florida Gov. Charlie Crist, says it is "time for me to devote more of my daily life to my own young family and to pursue the many opportunities that have been offered to me outside the legal system and I have disregarded until now. "While those opportunities are varied, they all share in common a further commitment to helping my fellow citizens through roles in the educational system, the media and nonprofit organizations," he continued. During... (Fox News)
Hearing officer challenges Haditha prosecution Jun 16, 2007
"The issues in this case are best resolved before a trier of fact." ... AW4cryinoutloud wrote on Jun 15, 2007 7:57 PM:" Oh My Goodness! I've been waiting for months for one hearing officer to acknowledge the fact that the Iraqi witnesses have no credibility . I can't even believe the prosecution would admit they charged Sharratt, or anyone, based on interviews with relatives of the deceased. How can any intelligent person stand there and admit that their case centered solely on "competing... (North County Times)
Black's Codefendant Innocent of Helping Him in Vacation Scheme, Judge Says Jun 14, 2007
No rational trier of fact can find beyond a reasonable doubt that Mr. Boultbee engaged in fraud,'' St. Eve said in Chicago federal court. Her decision means the jury won't have to consider that accusation against Boultbee, who still faces 11 fraud charges. (Bloomberg -- Canada)
Boultbee Needn't Ex-Plane: Judge Jun 14, 2007
"No rational trier of fact can find beyond a reasonable doubt that Mr. Boultbee engaged in fraud," St. Eve said. Her ruling didn't dismiss any of the charges against Boultbee, 63, who still faces 11 fraud counts. (New York Post -- Business)
Teen oral sex case should be over by now Jun 13, 2007
But so could the argument be made that the court's inherent powers to right a wrong, to correct an injustice, are broad and lie within the sound discretion of the trier of fact. If the court finds Wilson's sentence unconstitutional, which it did, how could the court then not have the power to fix it. (MSNBC -- Crime)
Lawyer's 'Super-Size' Gaffe Costs Him Client and Possibly Right to Practice Before Fla. Court May 31, 2007
"Clearly, if I was putting myself in the shoes of a client, the one thing you want is you want your counsel to be respected by the court because, after all, in bankruptcy court the judge is the trier of fact," she said. "There are very few jury trials in bankruptcy court.". (Law.com)
NAR, C.A.R. Nemesis Attorney David Barry Loses Again May 25, 2007
" "In the end, it is the volume of fatal defects in the claims asserted in Freeman III which bring it within that narrow class of cases which all reasonable lawyers would agree lack merit," Justice Benke ruled. "From this circumstance a reasonable trier of fact could infer the principal purpose of Freeman III was to consume C.A.R. resources that might otherwise be available to other antitrust defendants or compel a settlement from all the defendants, including C.A.R. This inference of a... (RealtyTimes)
Christensen Glaser May Face Trial Over Bags of Cash May 1, 2007
"Based on the evidence presented, a 'reasonable trier of fact' could find that Shapiro acted in his capacity as a member of the Christensen firm ... to protect the funds from which the client's bail and the Christensen firm's legal fees would be paid," Justice Richard Mosk wrote in the unanimous opinion. Reiterating the position he's taken in court proceedings, Shapiro said Monday that he represented Laing as part of his own criminal law practice that was separate from the Christensen firm. (Law.com)
Connell sentenced in grocery store robbery, kidnapping Apr 29, 2007
This is a kidnapping by gunpoint," he said. Hoffman said Connell's criminal history shows he's a violent offender who is a menace to society. "That's why we have prison space and that's where he should be," Hoffman said, commenting Connell had served time in the Florida penitentiary. But while on parole in Florida, he came to Dickinson County and committed the crime here. "He is not a candidate for a durational departure," Hoffman concluded. Robertson responded, "The criminal history the county... (Abilene Recorder Chronicle)
Suit Over Merger Proceeds Against NYSE Head Apr 13, 2007
In his latest ruling, , 602510/2005, Ramos said Allison Wey's assertion that Thain knew of the impending merger but specifically denied it would take place during a Feb. 15, 2005, breakfast meeting attended by NYSE floor traders "raises the issue of Thain's credibility, an issue best left to a trier of fact.". "A reasonable jury could conclude that Mr. Thain had reason to expect that his statement about the future of the NYSE to a group of 'floor traders,' some of which Mr. Thain knew currently... (Law.com)
Ban red-light cameras? Mar 21, 2007
Prima-facie evidence that the vehicle described in the citation issued purs 00000498 uant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the... (Atlanta Journal-Constitution)
How Sweet It Isn't: Equal, Splenda to Clash in Trial Mar 8, 2007
"Merisant has offered evidence that could permit a trier of fact to conclude that McNeil intended to manipulate impermissibly the public's opinion as to Splenda's characteristics," Pratter wrote ... "Of course, McNeil aggressively disputes these allegations, and none of these issues have been yet decided by a trier of fact. As such, these are highly contested disputes of material facts that preclude the court from granting summary judgment on this issue," Pratter wrote. (Law.com)
Let Anna Nicole Smith rest in peace Feb 24, 2007
Because as the "trier of fact" sitting as an Equity Jurist he could separate the wheat from the chaff" without having concern for a jury being tainted by the introduction of improper evidence. Most importantly, through his rulings and his conduct of the hearing he wore down the combatants/litigants and caused them to settle their differences resulting at long last in a decent disposition of Anna Nicholes remains for burial. Thank you Judge Seidlin. (Sent Thursday, February 22, 2007 6:46... (MSNBC)
It's hard to tell who the star is at Anna Nicole Smith hearing Feb 23, 2007
Asserting that he was in charge: "Somebody's got to bite the bullet, and it's got to be me. I'm the trier of fact.". To an agitated attorney: "You were getting animated for no reason, my friend. You were getting stressed for no reason. Twice now we were on a different signal. I'm going to get you some juice.". (St. Petersburg Times)
'Judge Larry' Feb 21, 2007
And, it certainly seemed that way many times during the hearing with Seidlin frequently throwing out comedic one-liners; sending the courtroom into bursts of laughter by referring to the lawyers with nicknames such as "Tex" and "California," while badgering them with repeated interruptions about bad grammar or questionable strategies; questioning witnesses himself; and even making broad, bold declarations like "I am the trier of fact" and "We are here on a search for the truth, and we will... (Fox News)
Insect activity is final focus at Truscott review Feb 10, 2007
If we say they [the Crown and defence entomology theories] are equally possible, couldn't we quash the conviction and let a trier of fact decide. Mr. Justice Marc Rosenberg asked. (Globe and Mail)
High Court Vets False Claims Act Dec 1, 2006
" ORIGINAL SOURCE? Rockwell operated the Rocky Flats nuclear weapons facility in Colorado under a contract with the U.S. Department of Energy from 1975 through 1989. Stone worked as principal engineer there from November 1980 until March 1986. After Stone was laid off, he informed an FBI agent that environmental crimes had allegedly been committed at Rocky Flats during his period of employment. The FBI agent prepared an affidavit, obtained a search warrant and conducted a search. About a month... (Law.com)
Grasso's lawyer says judge broke promise and should be removed Nov 30, 2006
Justice James McGuire, one of the four justices of the state's Appellate Division who heard the arguments, asked Zweifach, Is the basis of your motion that the judge who would be the trier of fact broke his word. Yes, Zweifach replied. (San Diego Union-Tribune -- Business)
Judge issues split ruling in City of Blackwater in eminent domain case Nov 14, 2006
he trier of fact declines to find that cleaning up an eyesore in the community is a public purpose sufficient for the taking of private property under the evidence presented, he said. Koffman added that while there was leeting reference to some of the property in question being an eyesore here is nothing in the petition that seeks to condemn the property for the purpose of reducing an eyesore. (Boonville Daily News, MO)
Teen says he was punched, threatened by deputies Oct 25, 2006
"Both officers adamantly deny any punching or use of force. That is an issue in dispute and a question of fact for the trier of fact to determine.". Irvin Landry said his son was examined by a doctor Saturday, and that X-rays revealed bruising in the abdominal area and a sprain in the back. (WWLTV.com, LA)
Reevaluating the Fairness of COS Standards Oct 18, 2006
" Unlike civil lawsuits, which usually involve purely monetary disputes, hearings before the COS can have a life-altering effect -- indeed, even a life-ruining effect -- on the accused student. Dartmouth should not permit a student to be suspended or separated from college when it is only "more likely than not" that the student committed a violation. The risk is too great under this "51 percent" standard that an innocent student will be punished.Following the lead of some of our peer... (The Dartmouth Online, NH)
Government Response Filed Related to Defendants' Motions in Siegelman/Scrushy Case Oct 14, 2006
The Court finds that during the course of this very lengthy trial, the Government presented substantial evidence upon which a reasonable trier of fact could conclude that Siegelman and Scrushy engaged in the conduct for which they were convicted. " Siegelman attorney David McDonald, wsfa.com this week,"I can't wait for the Justice Department to file a brief that opposes the preservation of evidence. (WSJA.com, AL)
Judge won't nix Siegelman conviction Oct 8, 2006
"The Court finds that during the course of this very lengthy trial, the Government presented substantial evidence upon which a reasonable trier of fact could conclude that Siegelman and Scrushy engaged in the conduct for which they were convicted," the judge said. Federal prosecutor Louis Franklin said he always expected Scrushy's and Siegelman's arguments to fail. (Bakersfield Californian -- Politics)
Judge Denies Scrushy/Siegelman Motions for Acquittal Oct 3, 2006
"The test in considering a motion for judgment of acquittal is whether, viewing all evidence in the light most favorable to the Government and drawing all reasonable inferences from the evidence and credibility choices in favor of the jury's verdict, a reasonable trier of fact could find that evidence established guilt beyond a reasonable doubt...Put another way, to challenge a jury's guilty verdict on the grounds of insufficiency of the evidence, it must be established that "no reasonable jury... (WSJA.com, AL)
C7 judge targets deleted emails Sep 27, 2006
"Or don't engage in a systematic process of removal of them so that in a case like this the end result is that as far as the trier of fact is concerned, I simply don't know what the contemporaneous communications were within News.". Mr Hutley said there was no basis for suggesting the policy was improper or rare, and pointed out that Publishing & Broadcasting Ltd had not produced a large number of emails in the case. (Sydney Morning Herald -- Business)
Our readers speak Sep 11, 2006
ostin warren wrote on September 10, 2006 3:11 PM:"Mr. Geach: Bill Clinton was impeached for perjury (lying under oath) and obstruction of justice for his responses under oath regarding his sexual proclivities with both Paula Jones and Monica Lewinsky, among others. Impeachment means basically that someone thinks a charge is sustainable in court. The senate sits as the trier of fact and found that there was not enough evidence to say that Clinton committed perjury or obstructed justice. Clinton... (Montana Standard, MT)
Man says stabbing was not murder Jul 14, 2006
"A judge has to be a trier of fact," he said. "We know the judge cannot be persuaded by passion. It was a tactical decision.". (Sacramento Bee)
jurisprudenceThe Supreme Court and the insanity defense.Emily Bazelon Jul 7, 2006
If the trier of fact were to find Clark's evidence sufficient to discount the case made by the State, which has the burden to prove knowledge or intent as an element of the offense, Clark would not be guilty of first-degree murder under Arizona law. But in his majority opinion, Justice David Souter breezed by the flaws in Arizona's approach. (Slate)
Ted Price and Louisiana Jun 27, 2006
"From my perspective as a game designer, with this Act in place I would feel very uncomfortable about including even cartoon violence in our games The main characters in Ratchet and Clank are not human and resemble cartoon characters. These characters 'kill' each other, are 'killed' by the main character and occasionally 'dismembered' in comedic ways. Even though I may think that the cartoon violence in this game does not 'appeal to a minor's morbid interest in violence,' a retailer fearing... (IGN PS2)
How Much Is That Dog Bite in the Hamptons? May 6, 2006
"[A]mple evidence exists from which the trier of fact could infer that defendants were aware of Oreo's tendency to bite, but deliberately failed to prevent further incidents," Supreme Court Justice Joan A. Madden () ruled in. "Defendants' knowledge of Oreo's propensity to bite is ... relevant to plaintiff's claim for punitive damages, i.e. whether defendants consciously and recklessly disregarded the danger posed by Oreo.". (Law.com)
Supreme Sidestep Apr 24, 2006
The Supreme Court is an appellate court, not a trier of fact. The court wont be able to avoid controversy forever. (McAllen Monitor, TX)
Retrial for Quattrone Mar 21, 2006
In a 61-page opinion, US Appeals Court Judge Richard Wesley said that a rational trier of fact could conclude that Mr Quattrone deserved to be convicted. However, the judge said: While we. (TimesOnline)
SJC says defense must share evidence Mar 15, 2006
The role of cross-examination, and the existence of an imbalance, should not override the right of the people and the victims of crimes to have the evidence evaluated by a truly informed trier of fact," Justice John M. Greaney wrote in the majority opinion.The ruling drew sharply worded dissents from Chief Justice Margaret H. Marshall and Justice Robert J. Cordy, who were joined by Justice Roderick L. Ireland.Marshall said the decision deprives defense lawyers of one of their most potent and... (Boston Globe)
How judges favor the prosecution Jan 26, 2006
The appellate court ultimately found that Hastings had ``usurped the jury's role as the trier of fact,'' by not letting jurors decide if the unprosecuted drive-by offered a motive to assist the prosecution. And it said Hastings ``was apparently operating under certain misconceptions regarding the law'' in his analysis of whether the same witness's probationary status should be excluded. (San Jose Mercury News)
Michael New claims U.S. Constitutionforbids military from donning blue beret Jan 11, 2006
Legal observer Joseph Dale Robertson argues that every judicial circuit court of appeals in the federal system, with the exception of the District of Columbia, has ruled that in all criminal cases "it is the jury, the trier of fact, that must exclusively determine each and every essential element of the alleged crime.". "Michael New was denied this fundamental right in his original court-martial," he asserted. (WorldNetDaily)
