Tag Archives: trial

And finally… fair trial

An accused person in Illinois is not automatically entitled to a new trial if the judge falls asleep during their trial, appeal judges have ruled.

The Illinois Appellate Court dismissed an appeal from convicted spree killer Nicholas Sheley, who said the Circuit Court of the 14th Judicial Circuit erred in refusing his lawyers’ application for a mistrial.

Sheley’s lawyers said that Judge Jeffrey O’Connor had fallen asleep on more than one occasion during Sheley’s trial for four murders in Illinois.

On one occasion, the lights were dimmed to show video tapes. When they were finished, repeated requests for the judge to turn the lights back on went unanswered until a clerk poked him.

The appeal court said that as the evidence in the case was “overwhelming” and the judge was not called upon to make evidentiary rulings while asleep, his short nap was simply “harmless error”.

In a dissenting opinion, another appeal judge said the

Read more at: https://www.irishlegal.com/9440/and-finally-fair-trial/

No new trial if the judge falls asleep

An Illinois Appellate Court panel recently decided that if a judge falls asleep during crucial evidence or motions during a trial, the defendant does not get a new trial. 

During trial for spree-killer Nicholas Sheley in Rock Island in May of 2014, Judge Jeffrey O’Connor fell asleep while reviewing security footage. The lights were dimmed so the court could see the footage, after the evidence was played, the defense attorney asked the judge to turn the lights back on. The judge didn’t reply because he was asleep. The defense attorney was Jeremy Karlin. “I say in kind of my loud, outdoor court voice: Judge?…..And there was no response,” Karlin said. “The prosecutor did the same. So I approach the bench and yell: Judge! And he still no response. Then the judge got nudged by the clerk, and he woke up. (Then) as I would note in

Read more at: http://www.wgil.com/2017/11/13/no-new-trial-if-the-judge-falls-asleep/

No new trial if the judge falls asleep | WGIL 93.7 FM & 1400 AM

An Illinois Appellate Court panel recently decided that if a judge falls asleep during crucial evidence or motions during a trial, the defendant does not get a new trial. 

During trial for spree-killer Nicholas Sheley in Rock Island in May of 2014, Judge Jeffrey O’Connor fell asleep while reviewing security footage. The lights were dimmed so the court could see the footage, after the evidence was played, the defense attorney asked the judge to turn the lights back on. The judge didn’t reply because he was asleep. The defense attorney was Jeremy Karlin. “I say in kind of my loud, outdoor court voice: Judge?…..And there was no response,” Karlin said. “The prosecutor did the same. So I approach the bench and yell: Judge! And he still no response. Then the judge got nudged by the clerk, and he woke up. (Then) as I would note in

Read more at: http://www.wgil.com/2017/11/13/no-new-trial-if-the-judge-falls-asleep/

Judges sleeping through evidence not cause for new trial, Illinois appeals court says – Quad

CHICAGO — If a judge falls asleep during a murder trial, should the defendant automatically get a new trial?

A divided Illinois Appellate Court panel recently said no; so long as the judge was not dozing through crucial evidence or motions, an inadvertent nap is harmless. “We find that a judge falling asleep during a trial does not constitute … reversible error,” Judge Daniel Schmidt wrote in the majority opinion.

The decision builds on more than a century of Illinois bench nap law dating to a five-minute judicial snooze in 1899. But some critics say the latest ruling should come as a wake-up call for the standard to change.

“Of course it should be automatic reversal if the judge falls asleep,” said longtime criminal defense attorney Steve Greenberg. “It sends an awful message to the jurors that whatever is going on is just not important.”

The appellate decision is tied to the case of

Read more at: http://www.qconline.com/illinois/judges-sleeping-through-evidence-not-cause-for-new-trial-illinois/article_bc10459d-e391-5421-941b-025b1405c6fc.html

No new trial for Sheley: Appellate court says judge’s nap doesn’t warrant relitigation

Nicholas Sheley looks around the courtroom during opening arguments May 19, 2014, at the Rock Island County Justice Center. An Illinois appeals court has ruled that the judge falling asleep during one of Sheley’s murder trials doesn’t warrant a retrial, saying Judge Jeffrey O’Connor’s nap was harmless as long as he wasn’t sleeping during crucial evidence or motions.
Judge Jeffrey O’Connor listens to prosecutor Bill Elward in May 2014 during Nicholas Sheley’s trial in Rock Island. An Illinois appeals court ruled that the former Whiteside County judge falling asleep during one of Sheley’s murder trials doesn’t warrant a retrial, saying the nap was harmless as long as he wasn’t sleeping during crucial evidence or motions.
Convicted murderer Nick Sheley enters the Jefferson County Courthouse in Hillsboro, Missouri, for his hearing Oct. 4 afternoon.

OTTAWA — An Illinois appeals court has ruled

Read more at: http://www.saukvalley.com/2017/11/09/no-new-trial-for-sheley-appellate-court-says-judges-nap-doesnt-warrant-relitigation/as37bri/

Judges sleeping through evidence not cause for new trial, Illinois appeals court says

CHICAGO — If a judge falls asleep during a murder trial, should the defendant automatically get a new trial?

A divided Illinois Appellate Court panel recently said no; so long as the judge was not dozing through crucial evidence or motions, an inadvertent nap is harmless. “We find that a judge falling asleep during a trial does not constitute … reversible error,” Judge Daniel Schmidt wrote in the majority opinion.

The decision builds on more than a century of Illinois bench nap law dating to a five-minute judicial snooze in 1899. But some critics say the latest ruling should come as a wake-up call for the standard to change.

“Of course it should be automatic reversal if the judge falls asleep,” said longtime criminal defense attorney Steve Greenberg. “It sends an awful message to the jurors that whatever is going on is just not important.”

The appellate

Read more at: http://www.recorder.com/Judges-sleeping-through-evidence-not-cause-for-new-trial-Illinois-appeals-court-says-13601956

Judges sleeping through evidence not cause for new trial, Illinois appeals court says

If a judge falls asleep during a murder trial, should the defendant automatically get a new trial?

A divided Illinois Appellate Court panel recently said no; so long as the judge was not dozing through crucial evidence or motions, an inadvertent nap is harmless. “We find that a judge falling asleep during a trial does not constitute … reversible error,” Judge Daniel Schmidt wrote in the majority opinion.

The decision builds on more than a century of Illinois bench nap law dating to a five-minute judicial snooze in 1899. But some critics say the latest ruling should come as a wake-up call for the standard to change.

“Of course it should be automatic reversal if the judge falls asleep,” said longtime criminal defense attorney Steve Greenberg. “It sends an awful message to the jurors that whatever is going on is just not important.”

Brother of Toulouse mass murderer goes on trial

A MAN has gone on trial in Paris accused of aiding his al-Qaeda fanatic brother in a nine-day killing spree of Jews and Muslim soldiers.

Abdelkader Merah, 35, is said to have helped Mohammed Merah, who was 23 when finally shot dead by police, carry out the atrocities around Toulouse in 2012.

The victims included three soldiers and three children, aged three, five and eight, along with a rabbi.

Mr Merah is said to have stolen the scooter for the attacks. A second defendant, Fettah Malki, 34, is said to have provided an Uzi submachine gun.

They admit supplying the equipment but deny knowing it would be used in the attacks.

Read more at: https://www.metro.news/brother-of-toulouse-mass-murderer-goes-on-trial/767346/

Trial of Swiss mass murderer to begin in March 2018

On September 21st 2015, Thomas N allegedly murdered Carla Schauer (48), her two sons David (19) and Dion (13), and their 21-year-old friend Simona in the normally quiet Swiss town of Rupperswil in a case that shocked the country.

The trial will take place in the Lenzburg Regional Court in March 2018 and will likely last four days, communicated the Canton of Aargau on Thursday September 28th.

Swiss media have described the murders as one of the “most gruesome cases in Swiss criminal history:” The accused reportedly killed his victims with a kitchen knife before setting fire to their home.  

Dubbed the ‘Beast of Rupperswil’ by media outlets, the accused was a local football coach who lived only a few doors away from the victims he brutally murdered. 

The 34-year-old alleged killer has been charged with multiple murders, rapacious blackmail, deprivation of liberty, the taking of multiple hostages and a

Read more at: https://www.thelocal.ch/20170928/trial-of-swiss-mass-murderer-to-begin-in-march-2018

Jury will decide if accused spree killer Muhammad can stand trial

A jury will decide whether accused spree killer Kori Muhammad is mentally competent to stand trial. The trial will begin Oct. 13.

The decision comes after Muhammad’s lawyer and the Fresno County District Attorney’s office could not agree on his mental state. Two court-appointed doctors ruled him unfit, while a psychologist hired by the prosecution deemed him able to stand trial.

As he has at previous hearings, Muhammad yelled “let black people go and reparations,” “Allahu Akbar” and a few other inaudible comments over Judge Brian Alvarez as the judge attempted to close the hearing.

In June, Muhammad was found unfit to stand by court-appointed psychologist Richard Kendall. The details of Kendall’s report are confidential. Muhammad’s lawyer, Richard Beshwate Jr., said his client had a documented history of schizophrenia and has been taking medication while in jail.

After Kendall’s finding, the prosecution asked for a second opinion. Howard

Read more at: http://www.fresnobee.com/news/local/crime/article172833846.html