Summary
When a lawyer mentions grounds for an appeal, it indicates valid reasons to challenge a case decision, such as legal errors or new evidence. In a Jordan application, police conduct delays can be attributed to the Crown if they affect timely trial rights. The Crown must justify delays by proving case complexity or exceptional circumstances. Police misconduct is not typically unforeseeable. The highest court in New Brunswick is the Court of Appeal in Fredericton, usually with three judges. Appellants can be represented by lawyers without being present. Courts use a balancing test to decide on evidence exclusion, considering factors like probative value and trial fairness.Full Conversation
What does it mean when lawyer says you have grounds for an appeal
When a lawyer says you have "grounds for an appeal," it means there are legitimate reasons to challenge the decision made in your case. These reasons could include:
- Legal errors made during the trial.
- Misinterpretation or misapplication of the law.
- Significant procedural issues.
- New evidence that could potentially change the outcome.
Do you have any specific details about your case that you need help with?
Are discreet events such as police conduct attributed to the crown in a Jordan application
In a Jordan application, delays caused by police conduct can be attributed to the Crown if they are part of the prosecution's case management. This includes how the police conduct their investigation and provide evidence. Would you like more information on how to file a Jordan application in New Brunswick?
Police misconduct
Police misconduct can be addressed through various legal avenues. Here are some general steps:
- File a complaint with the police department involved.
- Contact the New Brunswick Police Commission for independent review.
- Consider a civil lawsuit for damages.
- File a Charter application if your rights were violated.
Would you need more specific details on any of these steps?
Are discreet events such as police misconduct attributed to the crown in a Jordan application
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In a Jordan application, delays caused by police misconduct can be attributed to the Crown if they impact the right to a trial within a reasonable time. This is because the Crown is responsible for the conduct of the police as part of the prosecution's case management.
Would you like more detailed information on how to address police misconduct in your specific situation?
What does the crown have to prove in order to win a Jordan application
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In a Jordan application, the Crown must prove:
- The delay is justified based on the complexity of the case.
- The defense waived some of their right to a timely trial.
- The delay was caused by exceptional circumstances outside the Crown's control.
Do you have more details about the delay in your case?
What are the exceptional circumstances
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Exceptional circumstances in a Jordan application could include:
- Unforeseeable or unavoidable events, like natural disasters.
- Complex cases that require more time due to their nature.
- Actions taken by the defense that contributed to the delay.
Do you have specific details about the delay in your case?
Unforeseeable events like what
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Unforeseeable events in a Jordan application could include:
- Natural disasters (e.g., floods, hurricanes)
- Sudden illness of key individuals (e.g., judges, witnesses)
- Unexpected legal developments (e.g., new legislation, landmark rulings)
Do you have any specific details about the delay in your case?
Is police misconduct considered a unforseeable event
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Police misconduct is generally not considered an unforeseeable event in a Jordan application. It is usually viewed as an issue of case management and conduct by the Crown.
Do you have more details about the delays or misconduct in your case?
Where is the highest court in New Brunswick located
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The highest court in New Brunswick is the Court of Appeal, located in Fredericton.
If you have any more questions or need further assistance, feel free to ask!
How many judges is there in a court of appeal hearing
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In the New Brunswick Court of Appeal, a panel of three judges typically hears each case. However, in some instances, a panel of five judges may be convened for more complex or significant cases.
Is there anything else you need assistance with?
Does the accused have to be present or can a lawyer appear for an appellant
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In the New Brunswick Court of Appeal, the appellant's lawyer can appear on their behalf. The accused/appellant does not have to be present.
Is there anything else you need assistance with?
Balancing test when courts consider whether to exclude evidence or not
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Courts consider various factors in a balancing test to decide whether to exclude evidence:
- The probative value of the evidence.
- The potential prejudice to the accused.
- Impact on the fairness of the trial.
- Whether the evidence was obtained legally.
Do you need detailed information on how this applies in New Brunswick?
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