No Ne Trial Sample Clauses

No Ne Trial. A failure to afford a victim any right described in these rules is not grounds for a new trial. (Added Apr. 23, 2008, eff. Dec. 1, 2008.) COMMITTEE NOTES ON RULES—2008 This rule implements several provisions of the Crime Victims’ Rights Act, codified at 18 U.S.C. § 3771, in xxxx- cial proceedings in the federal courts. Subdivision (a)(1). This subdivision incorporates 18 U.S.C. § 3771(a)(2), which provides that a victim has a ‘‘right to reasonable, accurate, and timely notice of any public court proceeding. ’’ The enactment of 18 U.S.C. § 3771(a)(2) supplemented an existing statutory requirement that all federal departments and agencies engaged in the detection, investigation, and prosecu- tion of crime identify victims at the earliest possible time and inform those victims of various rights, includ- ing the right to notice of the status of the investiga- tion, the arrest of a suspect, the filing of charges against a suspect, and the scheduling of judicial pro- ceedings. See 42 U.S.C. § 10607(b) & (c)(3)(A)–(D). Subdivision (a)(2). This subdivision incorporates 18 U.S.C. § 3771(a)(3), which provides that the victim shall not be excluded from public court proceedings unless the court finds by clear and convincing evidence that the victim’s testimony would be materially altered by attending and hearing other testimony at the proceed- ing, and 18 U.S.C. § 3771(b), which provides that the court shall make every effort to permit the fullest pos- sible attendance by the victim. Rule 615 of the Federal Rules of Evidence addresses the sequestration of witnesses. Although Rule 615 re- quires the court upon the request of a party to order the witnesses to be excluded so they cannot hear the testimony of other witnesses, it contains an exception for ‘‘a person authorized by statute to be present.’’ Ac- cordingly, there is no conflict between Rule 615 and this rule, which implements the provisions of the Crime Victims’ Rights Act. Subdivision (a)(3). This subdivision incorporates 18 U.S.C. § 3771(a)(4), which provides that a victim has the ‘‘right to be reasonably heard at any public proceeding in the district court involving release, plea, [or] sen- tencing. ’’ Subdivision (b). This subdivision incorporates the pro- visions of 18 U.S.C. § 3771(d)(1), (2), (3), and (5). The stat- ute provides that the victim, the victim’s lawful rep- resentative, and the attorney for the government, and any other person as authorized by 18 U.S.C. § 377l(d) and