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So the California courts allow a defendant represented by court-appointed counsel to directly communicate with the trial judge in the context of a Marsden motion, and only in such a context. A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney ...
The Williams Rule is based on the holding in the Florida state case of Williams v. State [ 1 ] in which relevant evidence of collateral crimes is admissible at jury trial when it does not go to prove the "bad character" or "criminal propensity" of the defendant but is used to show motive, intent, knowledge, modus operandi , or lack of mistake.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
In Australian law ex parte is used in two senses. The predominant use is to refer to an ex parte hearing, being one which is heard in the absence of one or more parties. Where proceedings are heard ex parte, a high degree of candour is required, including full and fair disclosure of facts adverse to the moving party.
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
The hearing was the first before Cannon since she indefinitely delayed the start of the trial, which had been scheduled to begin as early as this week. It has been more than a month since the ...