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6 Jun 2024, 7:05 am by Alex Phipps
Judge Tyson dissented, and would have applied the plain error standard to reviewing defendant’s argument as it was not properly preserved; the judge also would have held that the Rule 403 conclusion excluding the note was not an abuse of discretion had it been preserved. [read post]
3 Jun 2024, 9:00 pm by Jon May
Where a lawyer has failed to live up to their obligations under the very low standard of “effective assistance” there are consequences: a new trial for the defendant, potential sanctions against the lawyer by the bar, and in rare cases a malpractice suit. [read post]
3 Jun 2024, 3:00 am by jonathanturley
The court largely used standard instructions in a case that was anything but standard. [read post]
31 May 2024, 3:17 pm by John Floyd
  The Court of Criminal Appeals has instructed Texas courts of appeals, when assessing whether a trial court’s wrongful admission of evidence adversely affected the jury’s decision that “they consider the entire record, including all the evidence presented at trial, the nature of the evidence supporting the jury’s verdict, the character of the alleged error and how it might be considered, together with the other evidence in the case, the trial… [read post]
31 May 2024, 11:58 am by John Elwood
And as it happens, his mother Gladys Mobley sat on the jury that convicted Granier. [read post]
31 May 2024, 10:51 am by James E. Novak, P.L.L.C.
According to the defendant, if the trial court had properly instructed the jury members about the difference between the two standards, they might have returned a more favorable verdict. [read post]
30 May 2024, 7:34 am by Alex Phipps
The Court then moved to the challenged jury instructions, beginning with defendant’s argument that the trial court erred by instructing the jury that the defense of habitation is unavailable to an aggressor. [read post]
30 May 2024, 5:09 am by jonathanturley
Merchan has largely stuck to the standard jury instructions but this case is anything but standard. [read post]
29 May 2024, 10:30 am by Bona Law PC
For example, the standards in this judge’s jury instructions seem at least slightly more plaintiff friendly than they could have been. [read post]
28 May 2024, 5:42 am by Eric Goldman
In 2014, Phillips opened a checking account at Charlotte Metro Credit Union (CMCU) and “entered into a standard membership agreement. [read post]
27 May 2024, 8:58 pm
  But a limiting instruction in this context is meaningless:  If the jury is told to use the statement in support of the opinion but not for the truth of what it asserts, then it is being told it may do something that is in fact logically impossible. [read post]
27 May 2024, 11:22 am by John Floyd
”   Put simply, the appeals court stated that any error that did not influence the jury, or influenced the jury only slightly, would not result in reversible error, and the conviction should not be reversed because the error was non-constitutional, harmless, and it did not impact the jury verdict. [read post]
27 May 2024, 5:45 am by Norman L. Eisen
While the jury instructions have not yet been publicly issued by the judge, the broad parameters are now sufficiently set due to the “charging conference” at which these issues were discussed, the proposed jury instructions submitted by both sides which were released Friday night, and standard jury instructions in New York courts. [read post]
24 May 2024, 1:57 pm by Lundgren & Johnson, PSC
The HGN test is one of the three standardized field sobriety tests used by law enforcement officers to identify impairment. [read post]
24 May 2024, 7:49 am by John Elwood
Bruen,” which instructed courts to look for analogous laws in history when considering the constitutionality of restrictions on the personal right to bear arms, “the state and the affected subdivisions have a strong likelihood of success in the pending litigation. [read post]
24 May 2024, 3:00 am by Jim Sedor
A jury convicted DePape on federal charges of trying to kidnap the then-House speaker and assaulting Paul Pelosi because of his wife’s work in Congress. [read post]
23 May 2024, 7:01 am by Alex Phipps
When considering the jury instruction argument, the court applied the same reasoning, noting there was no danger the jury would have reached a different result if the victim was a different classification of medical professional. [read post]
23 May 2024, 5:29 am by Jon Hyman
Jury instructions outline the legal standards that the jury must use to decide the case. [read post]
21 May 2024, 8:17 am by Phil Dixon
On the court’s own motion, the judge instructed the jury the next day that the search warrants in the case were appropriately issued and executed, and that “[t]here are no legal issues involving the search warrants in this case. [read post]