Criminal Procedure Sample Clauses

Criminal Procedure. Interstate Compacts – Interstate Agreement on Detainers – Application to Defendant Found Not Criminally Responsible. Article VI(b) of the IAD states that the IAD and its remedies do not apply to “any person who is adjudged to be mentally ill.” A verdict of “not criminally responsible,” which is a finding that the defendant was mentally ill at the time of the crime, does not by itself trigger Article VI(b), as it does not necessarily relate to the defendant’s current mental status. Circuit Court for Baltimore County Case Nos. 03-C-18-006040 & 03-K-16-006061 Argument: March 10, 2020 IN THE COURT OF APPEALS OF MARYLAND No. 60 September Term, 2019 _ XXXXX XXXXXX XXXXXX
AutoNDA by SimpleDocs
Criminal Procedure. Interstate Compacts – Interstate Agreement on Detainers – Application to Defendant Found Not Criminally Responsible. Article VI(b) of the IAD states that the IAD and its remedies do not apply to “any person who is adjudged to be mentally ill.” A verdict of “not criminally responsible,” which is a finding that the defendant was mentally ill at the time of the crime, does not by itself trigger Article VI(b), as it does not necessarily relate to the defendant’s current mental status. Circuit Court for Baltimore County Case Nos. 03-C-18-006040 & 03-K-16-006061 Argument: March 10, 2020 IN THE COURT OF APPEALS OF MARYLAND No. 60 September Term, 2019 _ XXXXX XXXXXX XXXXXX V. STATE OF MARYLAND _ Xxxxxxx, X.X., XxXxxxxx Xxxxx Xxxxxx Getty Xxxxx Xxxxx, JJ. Opinion by McDonald, X. Xxxxx and Xxxxx, XX., dissent. _ Filed: June 30, 2020 Xxxxxxx Xxxxxxx 2020-06-30 10:35-04:00 This case calls upon us to construe the Interstate Agreement on Detainers (“IAD”). The IAD is a congressionally-sanctioned compact among the states designed to facilitate the prompt disposition of a detainer lodged by one state against a person incarcerated in another state. In particular, the IAD allows for the temporary transfer of the prisoner from the state of incarceration to the state in which charges are pending, upon the request of either the prisoner or the prosecuting jurisdiction. Shortly after commencing an 11-year sentence in Ohio for felony assault, Petitioner Xxxxx Xxxxxx Xxxxxx requested a transfer under the IAD to Maryland where a murder charge was pending against him in the Circuit Court for Baltimore County. After he arrived in Maryland, Xx. Xxxxxx pled guilty to second degree murder but, as permitted by Maryland law, requested a jury trial on the issue of criminal responsibility. The jury returned a verdict of “not criminally responsible.” Such a verdict ordinarily requires that a defendant be committed to the Department of Health for treatment or released. However, the State maintained that, because Maryland had obtained only temporary custody of Xx. Xxxxxx from Ohio, the IAD required that he first return to Ohio to finish his sentence. Xx. Xxxxxx sought to remain in Maryland, but the Circuit Court denied his petition for habeas corpus seeking such relief. Xx. Xxxxxx appealed and the Circuit Court stayed his return to Ohio, as well as a commitment to the Department for treatment, pending his appeal. On appeal, Xx. Xxxxxx argued that the Maryland statute providing for commitment ...
Criminal Procedure. Chapter 3-B. Registration of Sex Offenders, Sexually Violent Predators, and Child Predators Section 541.1. Posting of the National Human Trafficking Resource Center hotline; languages; notice; civil penalty
Criminal Procedure. Article 61 of the TRIPs Agreement states the applications in respect of criminal procedure that Members shall provide for criminal procedure, and penalties to be applied at least in case of willful trademark counterfeiting or copyright piracy on a commercial scale. In such case remedies available shall include imprisonment and/or monetary finance sufficient to provide a deterrent consistently with the level of penalties applied for crimes of a corresponding gravity. Control of Anti-Competitive Practices in Contractual Licenses Article 40 of the TRIPs Agreement recognize that some licensing practices for conditions pertaining to Intellectual Property Rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology. Member countries may adapt consistently with the other provision of the agreement appropriate measures to prevent or control practices in the licensing of intellectual property rights, which are abusive and anti competitive.

Related to Criminal Procedure

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Informal Procedure A complaint may be presented informally to the administrator whose decision or action is being contested.

  • COMPLAINT AND GRIEVANCE PROCEDURE 1. When a member has any grievance or complaint, he shall forthwith convey to his immediate superior, orally or in writing, all facts relative to the grievance and/or complaint. The member and the superior shall make every attempt to resolve the problem at this preliminary stage.

  • ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

  • Formal Procedure No different or additional Work or contractual obligations will be authorized or performed unless contemplated within the Scope of Work and memorialized in an amendment or modification of the Contract that is executed in compliance with this Article. No waiver of any term, covenant, or condition of the Contract will be valid unless executed in compliance with this Article. Contractor will not be entitled to payment for Work that is not authorized by a properly executed Contract amendment or modification, or through the express written authorization of HHSC. Any changes to the Contract that results in a change to either the term, fees, or significantly impacting the obligations of the parties to the Contract must be effectuated by a formal Amendment to the Contract. Such Amendment must be signed by the appropriate and duly authorized representative of each party in order to have any effect.

  • Complaints Procedure 18.1 If the Client has any cause for complaint in relation to the services provided by the Company, he should file a complaint as per the Company’s Complaint Handling policy which is available on the Company’s website.

  • Referral Procedure Section 4.01 In the interest of maintaining an efficient system of production in the Industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interests of the employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment.

  • General Procedure Subject to the terms and conditions hereinafter set forth, at the Closing each party shall deliver such documents, instruments and materials as may be reasonably required in order to effectuate the intent and provisions of this Agreement, and all such documents, instruments and materials shall be satisfactory in form and substance to counsel for each party.

  • Rules of Grievance Processing 1. Time limits at any stage of the grievance procedure may be extended by mutual agreement of the parties at that step.

  • GRIEVANCE PROCEDURE 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

Time is Money Join Law Insider Premium to draft better contracts faster.