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LSDefine

Simple English definitions for legal terms

Retrial

Read a random definition: Boykin Act

A quick definition of Retrial:

A retrial is when a court has a new trial for a case that has already been decided. This happens when there was a mistake made during the first trial, like if the jury was given the wrong information or if someone lied. Sometimes, new evidence is found that could change the outcome of the trial. A retrial gives everyone a chance to make things right and make sure the right decision is made.

A more thorough explanation:

A retrial is a new trial of a case that happens after a previous trial has ended. It is done to re-examine some or all of the matters from the concluded trial. A party files a motion for a new trial, and a court may grant a retrial if there was a significant error of law, a verdict going against the weight of the evidence, irregularity in the court proceeding, jury or prosecutorial misconduct, newly discovered material evidence, or improper damages.

  • U.S. v. Doyle: The Seventh Circuit granted a retrial based on prosecutorial misconduct. The prosecutors failed to disclose material exculpatory information which was favorable to the defense as they were bound to and where they failed to provide the defense with evidence relating to the credibility of prosecution witnesses.
  • Payne v. Jones: The Second Circuit remanded for a retrial on damages. The Court found punitive damages of $300,000 for officer’s use of excessive force improper, emphasizing judges’ familiarity with the legal system and verdicts to justify the Court’s reduction in the jury’s punitive damage award.
  • U.S. v. Eads: The Seventh Circuit explained that for federal criminal cases, for a criminal defendant to receive a retrial because of newly discovered evidence, the defendant must provide evidence that “(1) came to his knowledge only after trial;  (2) could not have been discovered sooner through the exercise of due diligence;  (3) is material and not merely impeaching or cumulative;  and (4) would probably lead to an acquittal in the event of a retrial.

These examples illustrate how a retrial can be granted for various reasons, such as prosecutorial misconduct, improper damages, or newly discovered evidence. In each case, the court found that there was a significant error in the previous trial that warranted a new trial to be held.

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JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
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