Because the defendant had little or no motive to conceal the account, the court concluded that he was not willful.
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Mr Bennetts said the issue was whether the offence of murder should be reduced to manslaughter either because the defendant lost self-control or was suffering from diminished responsibility.
Senator John McCain of Arizona agrees, saying it's important that, in his words, we stand by 200 years of legal precedence concerning classified information, because the defendant should have the right to know what evidence is being used.
The district judge granted bail because of the defendant's health and because the accused had not been convicted of any crime since 1977.
Neither the public nor the media had access to the trial because of the defendant's age.
Most federal cases now involve plaintiffs who claim they suffered a specific harm because of something the defendant did.
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"On the criminal side, either they have to prosecute diligently or they've got a constitutional issue that allows the defendant to walk" because of the right to a speedy trial, said Bennett.
The Supreme Court would never allow a judge to impose a stiffer sentence on a defendant because he took the Fifth Amendment, asked to confront his accuser, or hired an attorney.
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The defense has argued that the information is germane to the case because it could show that someone other than the defendant might have caused injuries suffered by the accuser.
The state did not meet its burden of proof, and despite the court of public opinion the defendant walked because of it.
One reason the 4th Circuit's decision was surprising was because neither party in the Dickerson case -- the defendant nor the Justice Department -- focused on the 1968 law.
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"To the prosecution, it's clear what they're giving up, but less clear what the defendant is giving up, because it's hard to know how strong his claim of insanity might be, " she said.
First a three-judge panel of the Fifth Circuit reinstated the case, then the defendants sought an en banc appeal before the entire 16-judge court, then several judges had to recuse themselves, presumably because they owned stock in one of the many defendant companies.
The defendant probably learned a valuable lesson too, because they wasted a lot of time and money by copying our client and not just going off on their own.
"The son heard rows between her and the defendant in which she demanded half of his accident money because she had helped him, " Mr Mainds said.
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Ms Cohen said the defendant claimed she had been set up by members of staff because of her reports to the authorities.
Mr Wilkins said the jury was likely to hear from an expert giving evidence for the defence that the defendant was asleep, not as a result of tiredness, but because of a particular disorder.
When Miss McCluskie was reported missing to police, the defendant told officers he was not initially concerned when she failed to return home because he believed she was staying with a friend.
In fact, it's because they're disinterested - they have no personal affiliation with the judge, the lawyers, the defendant or the police - that they're so important.
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The decision about whether to have a defendant take the witness stand can be the most important one in a criminal case, because the entire trial tends to turn on that performance, good or bad, legal experts say.
And another defendant, the former governor of the province of Mosul in the north, was actually released because of lack of evidence.
"I am as much of a victim as the investors, " one defendant has already claimed, in reference to the tens of thousands of investors who lost out because of Parmalat's downfall.
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