Plaintiff seeks to recover damages for violation of the First Amendment of the United States Constitution. Plaintiff states that she was unlawfully terminated and treated differently because of her gender.
Jury Trial Withdrawn In Wayne
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State:
Multi-State
County:
Wayne
Control #:
US-000284
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FAQ
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.
At any point after a criminal trial starts, a judge must remove any juror when it becomes clear that the person is disqualified for any of the “for cause” reasons for disqualifying potential jurors before trial, including: bias for or against the defendant.
A motion to vacate specifically asks a judge to cancel something. If a judge or jury convicted you of a crime — or you pleaded guilty — then a motion to vacate might ask the judge to cancel the conviction.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
It means that the court has ordered the Trial hearing date off of the calendar. This can be due to any number of issues. Check the minute order to see if the Court stated the reason why it was vacated.
If you lose your case, you can appeal to have a higher court review the jury trial. The appeals process is not a chance at a new trial. There are limited reasons you can file an appeal. An appeal is usually limited to errors of law.
(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.