Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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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]
4 Feb 2013, 9:01 pm
David is alive and well today (and out of prison, since his murder conviction was reversed, because of faulty jury instructions, on appeal in 2012). [read post]
8 Oct 2018, 1:50 pm
Additional Resources: Florida Standard Jury Instructions in Civil Cases, The Florida Supreme Court More Blog Entries: Families Seek Damages for Florida Keys Truck Accident That Killed Four Tourists, Sept. 22, 2018, Fort Lauderdale Personal Injury Attorney Blog The post Busting Florida Personal Injury Law Myths appeared first on Broward Injury Lawyer Blog. [read post]
28 Jul 2007, 9:32 am
Alaska, and this error was notharmless under the Brecht standard. [read post]
23 Sep 2011, 3:50 am
And that’s why, if you try criminal cases, you absolutely have to have a copy of the 6th District’s decision last week in State v. [read post]
29 Oct 2013, 11:41 am
Speak only when instructed to do so. [read post]
2 Jun 2017, 6:36 am
But it denied the relist involving Ohio’s effort to obtain summary reversal in a habeas case involving a faulty jury instruction in a murder trial. [read post]
1 Apr 2016, 10:22 am
After the appellate court vacated and remanded the bribery conviction because of an erroneous jury instruction, the defendants argued that their acquittal on the conspiracy count created double jeopardy problems for re-trial. [read post]
16 Nov 2011, 9:00 am
Appellant makes no argument that he was prejudiced by any error in the court’s curative instruction, and, as a result, he has failed to carry his burden of demonstrating that any defect in the curative instruction constitutes plain error.The standard of review for determining whether evidence is sufficient to sustain a conviction does not permit us to reweigh evidence or re-examine the credibility of witnesses. [read post]
6 Sep 2011, 2:00 pm
Counsel’s demonstrated lack of basic comprehension of criminal law and procedure through her persistent frivolous conduct at multiple stages of the proceeding, including, among other things, pretrial motion practice, a purported interlocutory appeal, the suppression hearing, requests for jury instructions, post trial motions and sentencing. [read post]
22 Dec 2011, 11:53 pm
Get the jury instruction you want. [read post]
30 Jan 2017, 5:52 am
Diamond, supra.The court goes on to explain that the Fifth Amendment provides that no person `shall be compelled in any criminal case to be a witness against himself. [read post]
2 Aug 2007, 9:23 am
It's worthy of review for anyone facing an issue re: limitiation on cross-examination. [read post]
29 Aug 2012, 1:58 pm
That said, I wonder whether criminalizing this activity is optimal. [read post]
14 Jan 2016, 11:43 am
Fair Labor Standards Act (FLSA) statutory interpretation cases have been in Fashion in recent Terms, and Encino Motorcars, LLC v. [read post]
14 Mar 2011, 12:52 pm
And, accordingly, instructed the jury:“Ladies and gentlemen of the jury, before I give you your final set of instructions, I need to clarify certain matters.As I told you before, statements that the attorneys make during argument [are] not evidence. [read post]
19 Jan 2019, 8:13 am
In a criminal defense trial with a layperson jury and the beyond-reasonable-doubt standard, Qualcomm would have a decent chance of finding at least some jurors who would vote for acquittal, even if only because it's easy to create smokescreens in a context that requires a certain degree of expertise to understand. [read post]
9 Oct 2021, 12:43 pm
Since February 2013, when you’re filing any type of medical negligence case, you must—not “should” or “ought to” or “should consider”—must include a certificate of merit. [read post]
27 Jul 2008, 3:27 pm
S. ____ (2008) (slip opinion, formatted below from .pdf to .doc format by LawPundit), which, although it is a special case of maritime law, definitely sets the logical/legal standards for treatment of punitive damages in other cases in the future.In the Exxon Valdez case, the jury had initially awarded $5 billion in punitive damages, which the Court of Appeals for the Ninth Circuit had reduced to $2.5 billion based upon due process considerations. [read post]
10 Nov 2007, 1:35 am
The snitches, Johnson contended, should be held to the same standard. [read post]
