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A retrial probably won't be by a jury | 211 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Been wondering about that...
Authored by: Anonymous on Saturday, September 22 2012 @ 10:49 PM EDT
Does a state's budget trump a party's right to due process? Something about that
just doesn't go down well.

[ Reply to This | Parent | # ]

A retrial probably won't be by a jury
Authored by: rsteinmetz70112 on Saturday, September 22 2012 @ 10:51 PM EDT
This is Federal - California's budget has no bearing.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

A retrial probably won't be by a jury
Authored by: tknarr on Saturday, September 22 2012 @ 11:03 PM EDT

They won't be able to do that. US Constitution, Amendment 7: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,". This one definitely exceeds $20. And even state courts don't get to evade that one.

[ Reply to This | Parent | # ]

California budget is irrelevant here
Authored by: Anonymous on Monday, September 24 2012 @ 12:28 PM EDT

I have read that due to California's budgetary woes they are planning to cut the judiciary budget, which will eliminate the possibility of jury trials in civil cases.

Even if this was the case it wouldn't matter to this trial, which isn't in a California state court. It is in a federal court which happens to be located in California (the U.S. District Court for the Northern District of California.)

U.S. federal courts are funded by Congress out of federal funds, not by the state in which they happen to be located.

[ Reply to This | Parent | # ]

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