A Charleston County woman will be able to immediately appeal a trial judge's ruling from the first phase of a bifurcated trial
finding that the woman and her romantic partner had been united in a common law marriage since the late 1980s, the South Carolina Supreme Court has ruled.
On appeal from his conviction of second-degree intentional murder for killing his daughter, appellant argued that the evidence presented during the second phase of a bifurcated trial
was sufficient to prove by a preponderance of the evidence that he was not guilty by reason of mental illness.
In his brief, Blanton wrote Harris properly alleged punitive damages in his petition.<br />Blanton said there is no doubt that the punitive-damage claim was tried by consent of the parties, noting Jungerman himself requested a bifurcated trial
to address punitive damages.<br />Jungerman also did not object when Harris presented evidence in support of punitive damages or when Harris argued he was entitled to punitive damages based on the evidence, Blanton said.
The result is a bifurcated trial
wherein the issue of guilt or innocence is adjudicated and a guilty verdict is entered, followed by defense or prosecution's motion to have the issue of GBMI litigated in front of the same jury that decided guilt.
(48) The court considered whether a bifurcated trial
, where liability and a punitive damage multiplier are determined in phase I, prior to a finding of compensatory damages for each plaintiff in phase II, violates the Due Process Clause as interpreted by the U.S.
A bifurcated trial
consists of a guilt phase and a sentencing phase.
conflicting results in a bifurcated trial
in which judge and jury
In California, when a defendant enters pleas of both not guilty and not guilty by reason of insanity, as was the case here, a bifurcated trial
must be held, with a guilt determination made during the first phase and the NGRI plea addressed at a second hearing.
"As a general principle, the liability phase of a bifurcated trial
is not the proper juncture at which to adjudicate issues regarding the severity of the injuries of the party prosecuting the case.
Virginia 28 * 50 * Pennsylvania -6 -42 * Procedural variables Bifurcated trial
29 * 54 * Bouquet trial 21 * -28 Consolidation of 2-3 claims 16 * 11 Consolidation of 4-5 claims 11 * 6 Change in the Change in amount of the amount of compensatory punitive damages damages State Mississippi $1,640,000 $570,000 Texas $394,000 * $397,000 * W.
In Green, the court left unanswered the knotty problems of whether post--trial motions could be filed after a verdict finding liability in a bifurcated trial
, whether such motions would toll rendition of the verdict, what aspects of the proceedings were reviewable in an appeal from the verdict, and the like.
Paul house," Guerrero wrote.<br />"We didn't have much of a defense on the merits (the jury convicted him) but Ron saw an opportunity to raise a mental deficiency defense in a bifurcated trial
. The defenseis rarely used, and it's even more rare for it to succeed.