The second trial had been necessary because the judge had, at the defendant's request, thrown out the first verdict on grounds of prosecutorial misconduct.
In federal court, in Virginia and 33 other states, prosecutors must agree to a defendant's request to waive a jury trial.
1075, 47 L.Ed.2d 267 (1976); or where an indictment is dismissed at the defendant's request in circumstances functionally equivalent to a mistrial, Lee v. United States, supra.
(c) If the reviewing official does not respond to the defendant's request within 20 days, the defendant may file a motion to compel disclosure of the documents with the ALJ subject to the provisions of this section.
Shortly after the prisoner, Bobby Lee Ramdass, was convicted and sentenced to death for the 1992 murder, the Supreme Court ruled, in an unrelated case from South Carolina, that jurors contemplating a death sentence must receive such information at the defendant's request.
Under the new law, court-appointed lawyers will have to be appointed within three days of a defendant's request and will have to meet training and experience standards.
As it is, nobody can doubt that the defendant took a great interest in the affairs of Messrs. Lees, or believe that the plaintiffs had not come under the advance mentioned at the defendant's request.
A non-exclusive license may be implied from conduct and arises where a plaintiff "create[s] a work at defendant's request and hand[s] it over, intending that defendant copy and distribute it". Effects Assocs., 908 F.2d at 558.
In fixing the amount of that compensation, however, a proper deduction must be made for any benefit that has accrued to the plaintiff himself by reason of the work he did upon the premises at the defendant's request.
The distinction between mistrials declared by the court Sua sponte and mistrials granted at the defendant's request or with his consent is wholly consistent with the protections of the Double Jeopardy Clause.
While there are provisions in state law allowing judges, at a defendant's request, to require DNA testing of evidence, some lawmakers and defense lawyers say that defendants have not been allowed to gain access to the DNA database without the consent of prosecutors.
