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Arrest made in Aero property recovery case:

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Harp

I'll Lock Up
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8,508
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Chicago, IL US
Harp,
AFAIK, JNOV is only available in CIVIL matters, i.e. NOT criminal cases. At least not in NJ, where I practice.


JNOV similar to Rule 50(b) FRCP, 28 U.S.C.
Ex parte United States, 101 F. 2d 870(C.C.A.7th)

Affirmed
United States vs Stone, 308 U.S. 519
 

reeks1

One of the Regulars
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139
Location
New Jersey
JNOV similar to Rule 50(b) FRCP, 28 U.S.C.
Ex parte United States, 101 F. 2d 870(C.C.A.7th)

Affirmed
United States vs Stone, 308 U.S. 519

I shall shepardize your citations, counsel. :)

Oh, and I don't do any federal work, so I may be completely in the dark on this issue.
 

Peacoat

*
Bartender
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6,464
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Many states have a rule in criminal cases that allows the trial judge to give a directed verdict before the jury gets the case. It is sometimes referred to as a Judgment of Acquittal. There is also a rule that allows judges to sit as the 13th juror, set aside the jury verdict and enter a finding of not guilty, after the jury has returned a verdict of guilty. I believe, but I'm not certain, that the majority of states follow this practice.

But we are getting far afield from the original post.
 

tonypaj

Practically Family
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659
Location
Divonne les Bains, France
Many states have a rule in criminal cases that allows the trial judge to give a directed verdict before the jury gets the case. It is sometimes referred to as a Judgment of Acquittal. There is also a rule that allows judges to sit as the 13th juror, set aside the jury verdict and enter a finding of not guilty, after the jury has returned a verdict of guilty. I believe, but I'm not certain, that the majority of states follow this practice.

But we are getting far afield from the original post.

Let's see what happens if Scotland decides to be an independent country, a vote coming up. Leather jackets don't mean much then.
 

Fanch

I'll Lock Up
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4,490
Location
Texas
I would think an upcoming vote would have no bearing on likely theft of a huge inventory of clothing worth on excess of £144,000. :eeek:
 
But commenters can of course be extradited (if we can ever manage to get an American extradited which seems unrealistic given the standard attitude of the American government) to face charges of contempt of court, even if they don't consider themselves subject to the laws of the country in which the court resides. It would be truly hilarious, but unfortunate, for a European Arrest Warrant to be issued for such a relatively trivial case as this. The problem, of course, is that everyone here KNOWS who is the party involved and the whole history of the case. I'm sure many FLoungers are literally itching with antsy pants to name names. Resist, friends … even though we have a very often utterly contemptible legal system, showing that contempt in public is treated rather harshly!

Bartender edit: while the Lounge as a corporation is only subject to US law, we'll refrain from speculation about the identity of the alleged thief.
 
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Atticus Finch

Call Me a Cab
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2,718
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Coastal North Carolina, USA
Just to be clear, this is now officially an active case, and as such be careful what is posted in relation to it. Scots law prohibits the public identification of plaintiffs, or other details that could compromise the prosecution's case, prior to trial.

Interesting. So I'm guessing the cases against Casey Anthony, George Martin and O.J. would have been compromised had they happened in Scotland. Here, the exact opposite rule exists. The defendant and his lawyer can stand in front of the television cameras for as long as they can garner air time, and they can repeat...ad nauseum...every silly story the defendant's lawyer can contrive...all pretrial and post discovery. On the other hand, the prosecutor can only state who has been arrested and for what charge and when the next court setting is scheduled.

For better or worse, the U S justice system isn't terribly concerned about pretrial contamination of the prosecution's case.

AF
 

Highwaymanman

A-List Customer
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360
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Nowhere
They don't need to be. The way in which plea bargaining is used as essentially an intimidatory threat combined with the generally poor quality of public defenders guaruntees this.
 
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