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When defendant’s plan was not immediately successful and police officers approached his location, defendant shot his wife.
The trial court, over defendant’s objection, admitted into evidence a number of statements made by the victim in connection with her application for a restraining order. Supreme Court ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.
NCVLI argued that the respective courts must recognize the victim’s right to be heard personally and through counsel on factual and legal matters regarding the admissibility of her private information at Military Rules of Evidence 412 and 513 hearings because: (1) military victims have independent standing to assert and to seek enforcement of their rights through counsel; (2) the military judge’s discretionary powers do not extend to excluding participants’ views from consideration once standing is established; and (3) discrete moments of victim participation do not result in a per se violation of a defendants’ fair trial rights, do not create a per se appearance of impartiality, and do not implicate defendants’ confrontation rights.
Brief of DC Rape Crisis Center, Maryland Coalition Against Sexual Assault, National Sexual Violence Resource Center, National Center on Domestic and Sexual Violence, Victim Rights Law Center, Oregon Coalition Against Domestic and Sexual Violence, Kansas Coalition Against Sexual and Domestic Violence and New Jersey Coalition Against Sexual Assault in support of the appellant.
which stated that the Sixth Amendment right to counsel is violated if the trial attorney’s performance falls below an objective standard of reasonableness and there is a reasonable chance the outcome of the trial was affected?
The National Crime Victim Law Institute (NCVLI) participated in these proceedings as amicus curiae in support of the victim’s petitions before the Air Force Court of Criminal Appeals and the United States Court of Appeals for the Armed Forces.
The Ohio Supreme Court ruled "An individual who is the protected subject of a temporary protection order may not be prosecuted for aiding and abetting the restrainee under the protection order in violating said order."Issue: Defendant was convicted of predatory sexual assault against a child and endangering the welfare of a child—his daughter—and was sentenced to an indeterminate term of imprisonment of 25 years to life.
Defendant appealed his conviction, arguing, , that the trial court erred in permitting the child-victim to be accompanied by a comfort dog during her testimony.The trial court honored the victim’s assertion of her absolute statutory privilege with respect to her therapy records, and ordered that she would nevertheless be allowed to testify at trial, but with an instruction to the jury informing it of the victim’s refusal and stating that because of the refusal a presumption exists that the contents of the records would have been helpful to the defense. The National Crime Victim Law Institute (NCVLI) participated in this case as amicus curiae in support of the government’s opposition to defendant’s petition before the Oregon Supreme Court.NCVLI argued that Oregon crime victims’ state constitutional rights to justice, protection and privacy, and to be treated with due dignity, respect and fairness—as well as their federal constitutional rights to privacy and to access the courts—required in camera procedures for rape shield hearings.Issue: Defendant, convicted of bank fraud after a jury trial, appealed his sentence of 70 months' imprisonment.Defendant argued that the district court violated the Ex Post Facto Clause when it sentenced him to a term within the guideline range under the Sentencing Guidelines in effect at the time of sentencing rather than the more lenient version in effect at the time the crimes were committed.NCVLI further argued that holding such hearings in camera helps to ensure that Oregon’s criminal justice system protects both crime victims’ rights and defendants’ rights.