Search for: "Standard Jury Instructions Criminal Cases"
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19 Nov 2021, 3:35 pm
Here, Stanford Law School criminal justice experts David Alan Sklansky and Bob Weisberg discuss the trial and case. [read post]
19 Nov 2021, 10:54 am
The court relied on earlier cases that held that the omission of an element from a jury instruction did not amount to structural error. [read post]
10 Nov 2021, 1:07 pm
§ 841(a); and (2) whether the trial court erred by not explaining or adequately defining “good faith” in its instructions to the jury regarding a Controlled Substances Act case involving a physician. [read post]
10 Nov 2021, 12:28 pm
Judicial willingness to issue a specific jury instruction on the availability of a “good faith” defense similarly varies. [read post]
8 Nov 2021, 2:12 pm
Both cases alleged that their respective juries should have been instructed that it had to be shown that the defendants intended to act outside the bounds of their normal professional practice to be found guilty. [read post]
3 Nov 2021, 10:26 am
United States, 21-5261, which presents the same issue as three cases that the court has been relisting since the long conference — involving whether doctors convicted of unlawfully dispensing prescription drugs should have been allowed to have a jury consider whether the doctors subjectively believed the prescriptions were medically appropriate. [read post]
2 Nov 2021, 12:26 am
The same was true after the Supreme Court cases. [read post]
31 Oct 2021, 8:29 am
Not Guilty Verdict Prompts Prosecutor to Try Second Case The trial court gave the jury an instruction charge that included both manslaughter and the lesser included offense of negligent homicide. [read post]
27 Oct 2021, 9:15 am
United States, 20-7622, involving whether the Court of Indian Offenses of the Ute Mountain Ute Agency is a federal agency for purposes of a criminal conviction in that court. [read post]
23 Oct 2021, 8:22 am
Dinkel's defense:The failure to give the jury the tools it needed to apply Dinkel's defense against the State's case made it impossible to achieve the fundamental fairness we expect in a criminal trial. [read post]
10 Oct 2021, 9:03 pm
Venue transfer is governed by Federal Rule of Criminal Procedure 21, which instructs that a “court must transfer the proceeding . . . to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there. [read post]
9 Oct 2021, 12:43 pm
The SCOV majority (Justices Cohen, Robinson, Reiber) expressly holds “that where federal border officials on roving patrol obtain evidence in a manner that violates Article 11, that evidence may not be introduced at trial in a state criminal proceeding. [read post]
7 Oct 2021, 7:19 am
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
6 Oct 2021, 3:31 pm
For example, "Standard Model writers invoke Sir John Knight's Case to support their hasty reading, but the facts, history, and holding in that case only further undermine their claims. [read post]
4 Oct 2021, 3:30 pm
ShareThe Supreme Court will hear argument on Tuesday in an important case on the rights of criminal defendants under the Sixth Amendment’s confrontation clause. [read post]
4 Oct 2021, 9:37 am
And they have instructed that content-based speech restrictions falling outside of the recognized exceptions are subject to strict scrutiny. [read post]
23 Sep 2021, 2:12 pm
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
21 Sep 2021, 10:13 am
The case was therefore remanded with instructions for the defendant to receive a conflict-free attorney and a new hearing on the motion to withdraw his guilty plea. [read post]
10 Sep 2021, 11:49 am
The case is Stars Interactive Holdings v. [read post]
16 Aug 2021, 8:31 am
Following closing arguments, the judge will provide the jury with instructions that entail the legal standards required to determine the defendant’s innocence or guilt. [read post]
