CiteTEXT
..., 257 S.E.2d 417 (1979). Both Leroux and Allison and cases relied upon therein do establish, however, that a lying in wait killing requires some sort of ambush ...of ambush and surprise of the victim are required. "Even a moment's deliberate pause before killing one unaware of the impending assault and consequently `without opportunity to defend himself...is lying in ambush for a private attack upon his victim. An assailant who watches and waits in ambush for his victim is most certainly lying in wait. However, it is not necessary that he be actually...
...held by experts and the substance of their testimony is to prevent trial by ambush and surprise; therefore, "Discovery of expert opinion must not be allowed to degenerate into a game of evasion....
Before SUGG, BROOM and BOWLING, JJ....
SUGG, Presiding Justice, for the Court:
The appellee Louis E. Edwards, filed suit in the Circuit Co...
...because (a) it was not revealed during discovery and instead was used to ambush and surprise the plaintiffs; (b) it was improper impeachment evidence; and (c) the prejudicial effect of the tape...a surprise to the plaintiffs and was therefore "prejudicial" as to the damages claim. We also find the failure of the defendant to supplement was not inadvertent, but was willful. At the time of its...,
289 S.E.2d 207, 210 (1982) (`[e]ven if this were a "proper" case in which to claim surprise, the appellant failed to move for a continuance, and...
...mandates a defendant's appearance at trial.
West argues that Larkin allows trial by ambush and surprise. However, the law requires a defendant to anticipate that he may be..., J.
Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant....
Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee...
...killing requires some sort of ambush and surprise of the victim.” State v. Lynch, 327 N.C. 210, 217..., 393 S.E.2d 811, 815 (1990). Consequently, when the defendant is not concealed and the victim is aware of the defendant's presence, then the ambush and ...staircase for the purpose of robbing the victim, there was no need of any further showing of ambush and surprise.
In support of his contention that the State must show a “deadly purpose...
...ambush and surprise. Disclosure is the hallmark of fairness and the quest for justice that should be the goal of the criminal justice system...it had seized any documentary evidence, its use at trial is in violation of Miss.U.Crim.R. 4.06 and amounted to "trial by ambush." In Robinson v..., Jack B. Lacy, Jr., Asst. Dist. Atty., Brandon, for appellee.
Before DAN M. LEE, P.J., and PRATHER and McRAE, JJ...
...defendant's purpose to kill him). As our Supreme Court explained, Leroux and Allison hold “that a lying in wait killing requires some sort of ambush and surprise of the victim...defendant is not concealed and the victim is aware of the defendant's presence, then the ambush and surprise required for lying in wait is supplied by the victim's lack of awareness that the defendant...further showing of ambush and surprise.
In support of his contention that the State must show a “deadly purpose,” defendant also cites several secondary sources: Homicide: What...
.... Johnson v. State, 914 So.2d 270, 272 (¶ 7) (Miss.Ct.App. 2005). "The essential purpose of Rule 9.04 is the elimination of trial by ambush and surprise." ....
Office of the Attorney General by W. Daniel Hinchcliff, attorney for appellee.
Before KING, C.J., CHANDLER and ISHEE, JJ..., C.J., for the Court.
¶ 1. Travis Livingston was found guilty by a Lamar County Circuit Court jury of the murder of John Merritt and the kidnaping of Michelle Livingston...
...established “that a lying in wait killing requires some sort of ambush and surprise of the victim.” Id. at 217, 393 S.E.2d at 815. In Lynch...was no ambush or surprise “immediately before the shooting” because Defendant and Ms. Williams “interacted outside” for approximately ten to thirteen minutes. The evidence, however, does not support.... Williams outside the house. As stated above, our Supreme Court has held that “a lying in wait killing requires some sort of ambush and surprise of the victim...
...circuit court properly excluded the March 1, 1990 land contract because revelation of the document on the eve of trial amounted to ambush and surprise. I part ways with the majority, however, in its...introduction of the first written offer, the Pickett bid or any mention thereof, because there was no ambush or surprise by the late discovery of the documents.
We hold that it was error not...first written offer from evidence based on his failure to discover these documents. He maintains that there was no surprise to Morgan by the delivery of the written Pickett bid midtrial and the first...
...prevent trial by ambush and surprise; therefore, `discovery of expert opinion must not be allowed to degenerate into a game of evasion'." [Citing...response.
This Court has interpreted this rule on previous occasions and has held that strict compliance is necessary to prevent trials from being tainted with surprise and unfair...approximately the same time, there was no unfair advantage, surprise, or ambush at the trial.
We trust this opinion will not be construed as a retreat from our previous decisions...
...Crim. R. 16(A), and reverts to trial by ambush and surprise. The facts of the present case suggest that a similar failure occurred here. The failure is not justified by the prosecutor's practice of....
Stephen Schumaker, Clark County Prosecuting Attorney, and Amy M. Smith, Assistant Prosecuting Attorney, for appellee.
...appealed to this court from his conviction and sentence.
FIRST ASSIGNMENT OF ERROR
{¶ 2} "The trial court erred to the prejudice of defendant and abused...
...prior decisions that some sort of ambush and surprise of the victim are [sic] required." State v. Lynch, 327 N.C. 210, 218...from this Court's prior decisions that some sort of ambush and surprise of the victim are [sic] required."). Although the State attempts to analogize the current facts with those of Hill... indicate that the victims were taken by surprise and were unable to defend themselves from the assaults.
In the instant case, the State has not present...
...occur prior to trial. One very important reason for Rule 4.06 is to help eliminate trial by ambush and surprise; all litigants need to know what opposition they may face at trial. The decisions....
Before ROY NOBLE LEE, P.J., and DAN M. LEE and PRATHER, JJ....
DAN M. LEE, Justice, for the Court:
Gregory Tyrone Jones was tried and convicted in the First ...
...NYSCEF Doc. No. 26). As the movant's case law notes in its papers, discovery is meant to sharpen the issues at trial and reduce unfair ambush and surprise — which is exactly what the Court has done...(MSKCC) pursuant to CPLR 2221 (d); and other related relief.
A motion for leave to reargue "is addressed to the sound discretion of the court and may be granted only upon a showing that...Otis fails to identify any fact or law that this Court misapprehended; rather, it continues to assert arguments already considered and rejected...
...Commonwealth v. Sartin, 751 A.2d 1140, 1146 (Pa. 2000) (adverting to "the now discredited days of trial by ambush and surprise rather than the modern theory ...car chase that ended when Cosnek failed to stop at a stop sign and collided with Trigilio's vehicle. Cosnek was charged on November 21, 1997 with several offenses including involuntary manslaughter...and vehicular homicide.
Prior to trial, a defense motion to suppress blood-alcohol test results was granted; but, a defense motion to permit expert testimony on "fight or flight...
....
A notice requirement prevents unfair surprise and offers the defense the opportunity to marsh..., Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people....
Rhoades, McKee, Boer, Goodrich Titta (by Bruce W. Neckers and Douglas P. Vanden Berge) for the defendant...
...and County Court Practice is the elimination of trial by ambush and surprise. Robinson v. State, 508 So.2d 1067, 1070 (Miss. 1987...
WILLIE E. NORRIS AND JASON NORRIS a/k/a JASON SHAWN NORRIS v. STATE OF MISSISSIPPI
No. 97-KA-01256-SCT.
Supreme Court....
REVERSED AND REMANDED
ATTORNEY FOR APPELLANTS: K. MAXWELL GRAVES, JR...
...and Commentary § 26.1 (1996). The purpose of the disclosure mandated by former C.R.C.P 16 is to provide parties with adequate time to prepare by obtaining relevant evidence to prevent trial by ambush...and surprise. J.P. v. District Court, 873 P.2d 745 (Colo. 1994).
Sanctions for failure to comply with disclosure rules are...
Darcy J. Keith, Plaintiff-Appellant, v. Anthony M. Valdez and Keystone Resorts Management, Inc., Defendants-Appellees.
No. 95CA1223...
...background as best it could. In a case where the murder is shrouded in mystery and the question of guilt hung in the balance, it will not do to permit the possibility that victory was obtained by ambush and ..., concealment by the Commonwealth after representing that it was providing "open file" discovery, sandbagging and surprise. By court order entered with no prior objection, the Commonwealth had been..., Justice.
The jury convicted the appellant for intentional murder and fixed his punishment at twenty years, the minimum sentence.
At the time of the murder the...