AndradeU. Justice Souter issued a dissent joined by three other justices: This is the rare sentence of demonstrable gross disproportionality, as the California Legislature may well have recognized when it specifically provided that a prosecutor may move to dismiss or strike a prior felony conviction 'in the furtherance of justice. In this case, the statutory safeguard failed, and the state court was left to ensure that the Eighth Amendment prohibition on grossly disproportionate sentences was met.
Mike filed an appropriate request for a jury trial. The trial commenced on June During voir dire, the judge allowed wide latitude to both sides in questioning the jury panel.
In questioning Reba, it was revealed that she was Trey's sister. Mike moved to strike Reba for cause.
The judge denied the motion, and noted Mike's objection. Mike's lawyer then used one of his peremptory challenges to strike Reba. In questioning Page, it was revealed that he was a partner with Trey in a business that was unrelated to the business involved in the current lawsuit.
Page admitted that he had talked to Trey about the subject matter of the lawsuit and was very familiar with the facts in dispute. When asked if he would benefit in any way if the jury were to return a verdict in favor of Trey, Page responded, "Not directly, but it might free up some money that Trey could then invest in our partnership.
The judge denied the motion, noting Mike's objection. Again, Mike's lawyer used one of his peremptory challenges to strike Page. During his questioning of the panel, without objection from Mike's lawyer, Trey's lawyer prefaced many of his questions with remarks such as, "Do you think this carpetbagger coming from upstate will affect your judgment?
On July 1, the judge entered a final judgment on the verdict. Thirty days later, on July 31, Mike filed a motion in the Circuit Court to set aside the verdict on the ground that the evidence did not support the verdict.
The judge declined to entertain the motion. Later the same day, Mike filed a notice of appeal in the Circuit Court, specifying that he intended to take his appeal to the Court of Appeals of Virginia, where he subsequently timely filed his petition for appeal.
The grounds on which Mike based his appeal, were that the Circuit Court erred by i denying his motions to strike Reba and Page from the jury for cause, and ii allowing Trey's lawyer to ask the jury panel questions which were set out in detail in Mike's brief calculated to "poison their minds and create unfair bias.
After entry of a final judgment a case rests in the Breast of the Court for 21 days during which time the trial court judge may suspend, vacate or modify said ruling. After the 21 day period the trial court loses and has no further jurisdiction over the matter.
Motions made in an untimely fashion will not be entertained by the court. The Va Court of Appeals hears primarily disputes in the final judgment of cases in the domestic court and those in the Workers Compenstation arena. If this court receives a mistakenly send appeal--it shall see that the appeal is transferred to the apporopriate court--the Va Supreme Court.
To dimiss such a case would not be appropriate. For that reason, this appeal is not to be dimissed- -but instead placed in the court to which is properly should be heard by--the Supreme Court of Virginia. Proper appeal procedure is to notice the trial court of appeal within 30 days and sending copy of said notice to opposing counsel--indicating whether a transcript has been ordered or whether a written statment of the facts is to be used--said transcript must go the trial court clerk witin 60 days or 55 if written and not transcribed and it is this clerk who builds the record.
An appeal brief must be sent within 3 calendar months. On appeal Mike will succeed in showing there was error on the part of the trial court in its handling of his premptory strikes of jurors Reba and Page.
A lawyer in a civil case, such as this one for breach of contract and resultant damages, may strike 3 jurors for no reason at all during voir dire. In no case shall race or gender play part of this strike--for teh court is a government body and shall not discriminate on race or gender.
Reba was a juror it was proper to strike as a family member shall not sit on a jury of a family member. Page was a juror properly struck for Page has pecuniary interest in the defendant's outcome.
Reasons cited here as to Reba and Page show that striking these two juror was for cause and it was an error for the court not to grant Mike the motion to strike each for cause. Making Mike use 2 of his 3 premptory strikes may have prejudiced his ability to ensure his client the best postured jury for the case to be heard by.
On appeal the court needs a record to work with--and part of the record is an objection that is made and the courts response--without such a record--assigning error is made impossible.
In summary of question 6. The circuit judge did not err in declining to entertain Mike's motion to set aside the verdict. Mike's motion was not timely filed.The parties shall comply with Trial Rule 5 of the Rules of Trial Procedure in serving papers and other pleadings on parties during the course of the alternative dispute resolution process.
The Clerk of the Circuit Court shall serve all orders, notices, and rulings under the procedure set forth in Trial Rule 72(D). CIVIL CHAPTER 1 GENERAL POLICIES AND PROCEDURES Rule Policy Rule Filing and Service of Papers personal service must be attempted on at least three different days at three diff erent times of day.
All attempts cannot be in the a.m. or all in the p.m.
At least one of the three a ttempts must be before 8 a.m. or after p.m. INTRODUCTION The three strikes law is a strict mandatory life sentence without parole on offenders convicted of felony crimes. The Importance Of The Three Strikes Law Criminology Essay. Print Disclaimer: This essay has been submitted by a student.
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This is a revised edition of a pamphlet originally issued in It provides a basic framework for a better understanding of the National Labor Relations Act and its administration. History of the Three Strikes Law The practice of imposing longer prison sentences on repeat offenders versus first-time offenders, who commit the same crime is nothing grupobittia.com example, New York State has a Persistent Felony Offender law that dates back to the late 19th Century.
Start studying Civics Final. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Search. "In a republic the first rule for the guidance of the citizen is obedience One of three writers of the Federalist papers and the first chief justice of the United States.