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A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
If the director of a facility in which a person is hospitalized certifies that a person in the custody of the Bureau of Prisons whose sentence is about to expire, or who has been committed to the custody of the Attorney General due to incompetence, or against whom all criminal charges have been dismissed solely for reasons related to the mental ...
When deciding whether to evaluate a criminal defendant's competency, the court must consider any evidence suggestive of mental illness, even one factor alone in some circumstances. Therefore, the threshold for obtaining a competency evaluation is low. When the issue is raised, the motion should be granted.
A federal appeals court will re-hear a motion to stay the execution of Johnny Johnson, who was scheduled to die by lethal injection on Aug. 1. ... Attorneys for Johnson had argued that he suffers ...
Generally, in a civil case, a continuance sought due to absence of evidence will not be granted unless reasonable diligence has been used to procure it. [89] The question of diligence is a matter of fact, addressed to the sound discretion of the court. [90] In some jurisdictions, the issuance of a subpoena is evidence of due diligence. [91]
Advocates of Texas death row inmate Robert Roberson are pleading for the state to halt its plans to execute him Thursday for the murder of his 2-year-old daughter – a crime Roberson says he did ...
Presently a Review Board may recommend a judicial stay of proceedings in the event that it finds the accused both "permanently unfit" and non-dangerous. The decision is left to the court having jurisdiction over the accused. An additional requirement for an unfit accused is the holding of a "prima facie case" hearing every two years.
Toby Fischer lives in South Dakota, where just 27 doctors are certified to prescribe buprenorphine -- a medication that blunts the symptoms of withdrawal from heroin and opioid painkillers. A Huffington Post analysis of government data found nearly half of all counties in America don't have such a certified physician. So every month, Fischer and his mother drive to Colorado to pick up their ...