Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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9 Oct 2014, 9:01 pm
Elonis wins at the Supreme Court, and the case is sent back for a new trial, a new instruction would be given to the jury but a conviction seems likely in any case. [read post]
9 Oct 2014, 8:46 am
,” you’re right. [read post]
24 Sep 2014, 6:01 am
In such a situation, the defendant was legally entitled to have the court instruct the jury that coming armed to such a confrontation wasn’t itself enough to strip the defendant of the right to self-defense. [read post]
14 Jul 2014, 4:45 pm
He flatly refused to participate in the military commission proceedings and instructed his trial counsel not to present a substantive defense. [read post]
29 Jun 2014, 10:09 am
The court applies a harmless error standard and says that the jury would have convicted anyway, if given the proper instruction. __ Is this a privacy case or a threat case? [read post]
20 Jun 2014, 10:14 am
John Elwood reviews Monday’s relisted cases. [read post]
9 Jun 2014, 5:31 am
In re Towne, 2013 VT 90By Merrill BentIt’s important to have standards, and that’s what this case is all about. [read post]
11 May 2014, 4:29 am
The SCOV begins with the jury-instruction question. [read post]
1 Mar 2014, 4:19 am
As you know, there is no “right” to a jury trial in civil matters, only criminal matters provide that option. [read post]
19 Feb 2014, 2:01 pm
In view of the foregoing, the indictment is dismissed with leave to re-present to a New York County Grand Jury, to the extent that the People can establish jurisdiction, or, alternatively, for re-presentation before a Bronx County Grand Jury. [read post]
19 Feb 2014, 12:38 pm
Burrage’s jury was instructed at trial that a conviction could be accomplished based upon a finding that the heroin sold by Burrage to Banka “contributed to” Banka’s death. [read post]
15 Feb 2014, 4:13 pm
The key date that the jury gave those guilty verdicts was 17 December 2003. [read post]
21 Jan 2014, 11:45 am
But the case Re Skogman and The Queen (1984), 13 C.C.C. (3d) 161 says that if there is some evidence (a “scintilla” of it) on which the Preliminary Judge draws his or her inference, even if that inference does not seem to be quite enough, it is not “jurisdictional error” available for review on a Certiorari. [read post]
21 Jan 2014, 11:45 am
But the case Re Skogman and The Queen (1984), 13 C.C.C. (3d) 161 says that if there is some evidence (a “scintilla” of it) on which the Preliminary Judge draws his or her inference, even if that inference does not seem to be quite enough, it is not “jurisdictional error” available for review on a Certiorari. [read post]
17 Jan 2014, 11:42 am
Thus, even assuming that the Gertz standard only applies to public concern speech, that standard is satisfied, and the district court’s instruction to the contrary is erroneous. [read post]
15 Dec 2013, 4:25 pm
The jury was instructed that they were to consider the Per Se count first and, if they found defendant guilty of that count, they were not to consider any of the remaining counts. [read post]
2 Dec 2013, 10:06 pm
”The case went to the jury. [read post]
4 Nov 2013, 9:46 am
If that ends up being the case, it won’t be for lack of theorizing. [read post]
31 Oct 2013, 8:15 am
Liu, Ninth Circuit.pdf Liu's convictions and sentencing for criminal copyright infringement and trafficking in counterfeit labels were vacated and remanded for two reasons: (1) the jury was improperly instructed to the criminal statutes of acting "willfully" and "knowingly" at the time of the offense; (2) Liu's counsel was ineffective by failing to raise an obvious statute-of-limitation defense. 6. [read post]
29 Oct 2013, 11:41 am
Speak only when instructed to do so. [read post]
