Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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25 Aug 2009, 3:25 am
The trial judge had inexplicably instructed the jury on conspiracy, even though the indictment contained no charge for it. [read post]
2 Mar 2017, 1:37 pm
This is one of those dull cases the Supreme Court is reduced to taking because they’re shorthanded and want to avoid controversial cases. [read post]
14 Nov 2011, 7:51 am
But here's what it misses: 97% of criminal convictions are plea bargained and never reach a jury trial. [read post]
15 Dec 2011, 7:40 am
The Court noted that the "decision of the Justice Department to disclose the eleven sets of notes in the criminal proceeding has no bearing on whether FOIA permits the SEC to withhold the remaining 103 documents," because the disclosure was based on different legal standards. [read post]
22 Mar 2009, 9:28 am
Whether the defendant is entitled to acquittal or a new trial because the Tenth Circuit, in conflict with the standards applied in other circuits, erred by upholding the jury instructions bearing on the materiality of the type of information at issue, and by holding that there was sufficient evidence that the defendant failed to disclose material information and knew it. 2. [read post]
17 Jul 2015, 11:05 am
For reasons already explained, enforcing the government’s obligations is critical to achieving a level playing field in criminal cases. [read post]
11 Jul 2008, 12:49 pm
A jury verdict form that reflects this ambition simply has to limit the jury's consideration appropriately. [read post]
21 Jan 2011, 11:15 am
” Yet Judge Raggi said she was “really concerned that this case went to the jury with the understanding that what was proscribed here was drug promotion. [read post]
8 Jan 2024, 5:33 pm
Individuals charged with OWI can challenge the accuracy of the sobriety tests results in court by providing evidence that they were not administered in a standardized way or that environmental conditions prevented them from completing them as instructed. [read post]
27 Jul 2011, 9:22 am
Bea’s conviction for first degree assault, holding that the trial court properly gave the jury a first aggressor instruction when the facts showed that, while Mr. [read post]
4 Dec 2009, 4:43 pm
" The petition also raised a second question, challenging the Seventh Circuit's "retroactive" creation of a rule that an accused in a criminal case forfeits any claim of error in the jury instruction by resisting a split verdict approach. [read post]
13 Oct 2019, 7:20 pm
But the trial court's state-law jury instructions imposed a higher burden of proof for Zarda than federal law requires. [read post]
6 Jul 2017, 12:29 pm
He cites to a series of federal cases holding that the principle of public access does not extend to a deposition taken under the Federal Criminal Rule of Procedure 15(a). [read post]
5 Mar 2010, 7:48 am
”They argued, and Fine agreed, that the law providing for the procedures surrounding instructions to a jury in the Texas Code of Criminal Procedure violate the Eighth and 14th Amendments to the U.S. [read post]
15 Jan 2008, 1:50 pm
Upton, No. 07-1456 Conviction and sentence on drug and weapons charges are affirmed over defendant's challenges to: 1) the voluntariness of his Miranda waiver; 2) the admission of a police officer's expert and lay testimony; 3) the district court's denial of certain jury instructions; and 4) his status as an Armed Career Criminal. [read post]
10 Apr 2012, 6:42 am
In the Birth Center case, I hasten to add, the trial court granted judgment n.o.v., overturning the jury’s verdict, but the Pennsylvania Supreme Court re-instated the jury’s verdict. [read post]
31 Dec 2023, 4:00 am
The first is whether the trial judge erred in his instructions to the jury regarding the use of evidence as to the accused’s mental health and the requisite intent for first degree murder. [read post]
7 Feb 2017, 5:41 am
While I have been on the federal bench over 20 years and have presided over tons of criminal cases and hundreds of jury trials, I have never sat as a judge on an ordinary rape case. [read post]
23 Jul 2012, 12:02 pm
Defendant’s next jury-instruction argument is based on the trial court’s lack-of-knowledge instruction. [read post]
27 Mar 2012, 8:59 pm
United States, 164 U.S. 493, 502 (1896), involved a victim who was on someone else’s property; there, the Court upheld a jury instruction in favor of a duty to retreat. [read post]
