Search for: "Standard Jury Instructions Criminal Cases"
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27 Sep 2022, 8:42 am
Although society typically deters outrageous conduct that causes a substantial risk of harm by imposing criminal liability, to establish entitlement to punitive damages in negligence cases, Swift does NOT require: a plaintiff to establish criminal conduct, or a plaintiff to identify an applicable criminal statute. [read post]
19 Nov 2020, 9:19 am
At trial, the defendant requested a jury instruction on the defense of justification. [read post]
26 Feb 2018, 12:35 pm
Based on those instructions, the jury found Arab Bank liable. [read post]
7 May 2020, 10:25 am
The court reasoned that the order was an anticipatory judgment providing for the contingency that the officer would be called as a witness in a future criminal case. [read post]
8 Nov 2016, 10:51 am
Keita, 429 Mass. 843, 846 (1999), that ‘[a] jury instruction concerning the presumption … should be given in every case in which the question of the defendant’s criminal responsibility is raised. [read post]
8 Nov 2016, 10:51 am
Keita, 429 Mass. 843, 846 (1999), that ‘[a] jury instruction concerning the presumption … should be given in every case in which the question of the defendant’s criminal responsibility is raised. [read post]
12 Dec 2013, 3:02 pm
To prove a criminal case against Rockefeller, the D.A will have a difficult hurdle. [read post]
23 Jun 2022, 5:17 am
” Here is part of the standard jury instruction on the New York defense: “A person lacks criminal responsibility by reason of mental disease or defect when, at the time of the prohibited conduct, as a result of mental disease or defect, that person lacked substantial capacity to know or appreciate either: The nature and consequences of such conduct; or That such conduct was wrong. [read post]
6 May 2022, 7:04 am
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]
13 Apr 2009, 10:47 am
Criminal Appellate Jurisdiction: The deadline for filing notice of appeal in criminal case under Federal Rule of Appellate Procedure 4(b) is not grounded in federal statute and, accordingly, is not jurisdictional -- Government did not forfeit objection to untimely notice of appeal by failing to raise it before district court -- Although rule permitted district court, upon finding of excusable neglect or good cause, to extend time for defendant to file notice of appeal by… [read post]
19 May 2020, 6:19 am
Petersburg criminal defense attorney to discuss your case. [read post]
13 Mar 2024, 4:07 pm
Beyond a Reasonable Doubt Proof beyond a reasonable doubt is the burden and standard of proof that the prosecution must meet in a criminal case in order to convict a defendant of a crime. [read post]
23 Jul 2015, 10:55 am
Eleven of the cases in which review has already been granted for the next Term are criminal-law or related (under my generous standards). [read post]
9 Mar 2018, 6:52 pm
The interesting aspect of this case is that it highlights a variance in criminal procedure. [read post]
5 Aug 2021, 1:50 pm
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on August 3, 2021. [read post]
27 Dec 2022, 12:43 pm
First, the Commonwealth failed to demonstrate either the credibility of their informant or the credibility of the information, thus violating the Aguilar-Spinelli test, and also that the Commonwealth refused to instruct the jury about the exemption from liability that occurs when individuals have a firearm “in or on their place of business. [read post]
23 May 2024, 7:01 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
12 Dec 2023, 4:49 pm
The trial court instructed the jury to determine whether the defendant knowingly obtained the victim’s purse or wallet, and the jury found him guilty of petit theft, valuing the stolen property at less than $750. [read post]
21 Nov 2014, 8:59 am
Other states, such as my home state of Utah, make their jury instructions readily available. [read post]
3 Nov 2008, 7:03 pm
Webb, No. 08-1331, 08-1332 Defendants' sentences for conspiracy to distribute cocaine base are affirmed over their claim that the district court erred at sentencing by applying a preponderance of the evidence standard to determine drug quantity in excess of that found by the jury beyond a reasonable doubt. . [read post]
