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6 May 2022, 7:04 am by Shea Denning
  These summaries will be added to the School’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
3 May 2022, 11:34 am by Robert Liles
  Additionally, it held that the district court properly instructed the jury on the correct criminal standard for violations of the Controlled Substances Act. [read post]
26 Apr 2022, 5:53 am by Andy Wright
Sand et al., Modern Federal Jury Instructions 8.01 (“When fraudulent intent is an element of the crime, the prosecution has the burden of proving such intent beyond a reasonable doubt. [read post]
22 Apr 2022, 7:51 am by Robert Liles
This has often made it difficult for patients with a long-established history of chronic pain to obtain relief.[2] In this article, we examine the standards applied by prosecutors and the courts when physicians and other qualified “practitioners” [3] are alleged to have illegally prescribed controlled substances. [read post]
18 Apr 2022, 11:45 am by admin
Drug possession carries severe criminal penalties. [read post]
10 Apr 2022, 11:52 am by familoo
But at the end of the day, the lawyer’s job is to present the case so the judge (or jury in a criminal case) can decide where the truth lies. [read post]
30 Mar 2022, 10:23 am by John Elwood
The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty. [read post]
16 Mar 2022, 8:07 pm by Jamie Markham
The Supreme Court rejected the defendant’s argument that the trial court’s refusal to instruct the jury in accordance with N.C.P.I. [read post]
The Chief then transitioned to the prescribing context and asked whether a practitioner should get a jury instruction that “I realize the standard is . . . this many prescriptions a month or a year, but I think it should be this [many prescriptions]. [read post]
2 Mar 2022, 11:27 am by Abbe R. Gluck
United States, is a challenge to jury instructions in two prosecutions of doctors accused of operating opioids “pill mills,” and otherwise prescribing outside the bounds of ordinary medical practice. [read post]
28 Feb 2022, 7:02 am by Abbe R. Gluck
The jury was instructed that it could find guilt if the defendant had not acted in “good faith” with “an honest effort” to comply with “an accepted standard of medical practice. [read post]
18 Feb 2022, 2:30 pm by Eugene Volokh
" (The court doesn't discuss any criminal prosecution questions, but in a criminal case the elements of incitement would presumably have to be proved beyond a reasonable doubt; in a civil case, preponderance of the evidence likely suffices.) [read post]
16 Feb 2022, 11:55 am by Roger Parloff
Supreme Court has never heard a Section 3 case, and all of the lower court precedents are well over 100 years old. [read post]
8 Feb 2022, 12:44 pm by Jonathan Holbrook
The majority concluded that the state did present sufficient evidence under this standard, but remanded the case for a new trial to allow “a properly instructed jury” to decide the case. [read post]
21 Jan 2022, 2:23 pm by Eugene Volokh
"The defendants shattered those standards by diverting an airplane to further the improper purpose of repressing dissent and free speech. [read post]