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45) There is some uncertainty over whether they are to be appointed immediately following indictment for a capital offense or whether they need only be appointed "promptly" sometime prior to trial; (46) and whether the right expires with the decision of the government not to seek the death penalty.
Tarawa, referred the charge to a SPCM without receiving authorization to refer a capital offense to a SPCM.
Henderson involved a challenge to the jurisdiction of a special court-martial to try a non-mandatory capital offense in the absence of authorization from either the officer exercising general court-martial jurisdiction over the accused or from the Secretary of the Navy--it was not simply a challenge to the "form" of the referral.
Veering away from strong evidence of guilt as the only constitutionally-mandated ground to grant bail in capital offenses, the Court said that the SBN arbitrarily ignored the objective of bail to ensure the appearance of the accused during the trial
Our opposition to death as a penalty for capital offenses is less known to the general public," despite bishops' statements against it.
Age and nonflight risk are irrelevant in a bail petition in a capital offense, Baligod said in reaction to a report that the court's decision was issued on humanitarian grounds.
Under the tenets of Islam as propounded by Mohammed and enforced by most religious leaders who esteem him as Allah's Prophet, it is a capital offense to "apostatize" from that faith.
The beheading of a dog shouldn't be a Proposition 66 issue because it should be a capital offense.
On March 12 of this year, Soyinka and fifteen other pro-democracy activists were charged with treason by the military regime -- a capital offense.
Students are paired with an attorney who represents a person either charged with or convicted of a capital offense and involved in the preparation of both the guilt phase and the penalty phase: gathering of physical and forensic evidence, preparation of discovery requests and responses, investigation and preparing life histories and mitigating evidence and maintaining regular client contact.
4, 2014, Enrile said he should be allowed to post bail since the prosecution failed to present strong evidence against him and that the charges cannot be considered a capital offense.
I happen to be one of those people who feel that child molestation is a capital offense, maybe the most capital offense.