Manifest injustice definition

Manifest injustice means a disposition that would either
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Manifest injustice means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
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Manifest injustice means a specific finding by the court that the imposition of sentence is unreasonably harsh or shocking to the conscience of a reasonable person, with due consideration of the totality of circumstances.
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Examples of Manifest injustice in a sentence

  • Manifest injustice may be established if the plea was not tendered knowingly, intelligently, and voluntarily.

  • The authors also state that, [Manifest injustice up or manifest injustice institutionalization] are used more often with Caucasian youth, which effectively means they have services in the community for longer periods of time or their placements at residential facilities are extended.

  • Manifest injustice in the sense of a lack of due process leading to an outcome which offends a sense of judicial propriety is enough, even if one applies the Interpretation according to its terms.

  • Manifest injustice pertains to situations where a court overlooks some dispositive factual or legal matter that was presented to it.

  • Manifest injustice is required to withdraw guilty pleas which are requested after a sentence has been imposed.

  • Manifest injustice is required to withdraw guilty pleas which are requested after sentence has been imposed.

  • Manifest injustice will be found if the plea was not taken in compliance with the constitutional due process standards requiring that a guilty plea be entered into voluntarily, knowingly, and intelligently.

  • Manifest injustice requires a showing of a serious flaw in the fundamentalintegrity of the plea.

  • The waiver was therefore knowing and voluntary.Sabater alleges that to enforce the waiver in the face of the vacated New Jersey conviction would constitute manifest injustice.2[Blue 14.] Manifest injustice is rarely established and is defined by: The clarity of the error, its gravity, its character (e.g., whether it concerns a fact issue, a sentencing guideline, or a statutory maximum), the impact of the error on Cir.

  • Blakemore, 5 Ohio St.3d 217, 219, 450 N.E.2d 1140 (1983).{¶10} Manifest injustice is a “‘clear or openly unjust act,’ * * * ‘an extraordinary and fundamental flaw in the plea proceeding.’” Nicholson at ¶ 15, quoting State v.


More Definitions of Manifest injustice

Manifest injustice means a specific finding by the court that the imposition of
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Manifest injustice means a disposition that would
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Manifest injustice means any situation where:
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Manifest injustice means a disposition that would ((either)) impose an excessive penalty on the juvenile ((or)), would impose a serious, and clear danger to society in light of the purposes of this chapter, or would fail to support the juvenile's need for sex offender treatment;
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Manifest injustice means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of” the Juvenile Justice Act. RCW 13.40.020(20). “The court’s finding of manifest injustice shall be supported by clear and convincing evidence.” RCW 13.40.160(2).
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Manifest injustice means “a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter.” RCW 13.40.200(19). The court must enter “reasons” for its conclusion that that disposition within the standard range would effectuate a manifest injustice. RCW 13.40.160(2). To this end, the Act provides a list of aggravating and mitigating factors that a court shall consider at disposition. Laws of 1977, 1st Ex. Sess. Ch. 291, § 69(1)(h)(i); RCW 13.40.150(3)(h),(i). The court’s “finding of a manifest injustice
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Related to Manifest injustice

  • Manifest Error means any error that we reasonably believe to be obvious or palpable, including without limitation, offers to execute Transactions for exaggerated volumes of Underlying Assets or at manifestly incorrect market price quotes or prices at a clear loss.

  • acid attack victims means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance.

  • Counterfeit drug means a drug that, or the container or

  • Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects the child's educational performance but that is not included under the definition of deafness in this section.

  • Serious physical injury means physical injury which creates a substantial risk of death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ;

  • Heart Attack means death of a portion of heart muscle as a result of inadequate blood supply to the relevant area. The basis for diagnosis shall include:

  • Stipulation means this Stipulation and Agreement of Settlement.

  • Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.

  • Expungement , as used in section 19-1-306, means the designation of juvenile delinquency records whereby such records are deemed never to have existed.

  • Respite means brief, temporary relief care provided by an in-home or out-of-home provider paid by the department. The respite provider fulfills some or all of the care provider responsibilities for a short time.

  • Aggravated circumstances means circumstances in which a parent:

  • Counterfeit Goods are Goods that are or contain items misrepresented as having been designed, produced, and/or sold by an authorized manufacturer and seller, including without limitation unauthorized copies, replicas, or substitutes. The term also includes authorized Goods that have reached a design life limit or have been damaged beyond possible repair, but are altered and misrepresented as acceptable. Seller shall ensure that Counterfeit Goods are not delivered to Buyer. Goods delivered to Buyer or incorporated into other Goods and delivered to Buyer shall be new and shall be procured directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. Work shall not be acquired from independent distributors or brokers unless approved in advance in writing by Buyer. When requested by Buyer, Seller shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM. In the event that Work delivered under this Agreement constitutes or includes Counterfeit Goods, Seller shall, at its expense, promptly replace such Counterfeit Goods with authentic Goods conforming to the requirements of this Agreement. Notwithstanding any other provision in this Agreement, Seller shall be liable for all costs relating to the removal and replacement of Counterfeit Goods, including without limitation Buyer’s costs of removing Counterfeit Goods, of reinserting replacement Goods, and of any testing necessitated by the reinstallation of Goods after Counterfeit Goods have been exchanged. Seller shall include equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or furnished as Goods to Buyer.

  • Tampering means inactivation, adjustment or modification of the emission control system, including any software or other logical control elements of such a system, that has the effect, whether intended or not, of worsening the emissions performance of the engine;

  • Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of

  • Prevention means measures taken before a substance, material or product has become waste, that reduce:

  • Counterfeit Work means Work that is or contains items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes approved Work that has reached a design life limit or has been damaged beyond possible repair, but is altered and misrepresented as acceptable.

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and Xxxxxxx prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • Justice means a justice of the peace;

  • Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirement of this article, in a surface coal mining and reclamation operation which could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions, or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.

  • Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

  • Court Order means any judgment, decision, consent decree, injunction, ruling or order of any foreign, federal, state or local court or governmental agency, department or authority that is binding on any Person or its property under applicable law.

  • Medication error means any preventable event that may cause or lead to inappropriate medication use or patient harm, while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems including, but not limited to: prescribing; order communication; product labeling, packaging and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.