Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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30 May 2017, 10:34 am
The federal courts of appeal have consistently instructed that 18 U.S.C. [read post]
25 Apr 2011, 9:12 am
Since the State did not establish the elements of the inference, it was not entitled to a jury instruction on this element. [read post]
14 Oct 2007, 2:52 am
"We don't have enough data, which in itself is a problem," she said.The team recommended a ban on executing offenders with severe mental illness, better jury instructions, tougher attorney qualifications and improved monitoring of capital case procedures. [read post]
25 Oct 2022, 5:20 am
However, I know of no case that would impose this affirmative duty on Trump as a criminal legal matter. [read post]
12 Oct 2009, 2:15 am
The judge decides questions of law and instructs the jury on the things they must resolve, then the jury decides whether this or that party has satisfied whatever burden of proof on whatever facts are at issue. [read post]
14 Jan 2024, 8:10 am
Rodriguez, 2023 VT 59.On December 1, SCOV issued three criminal-law opinions. [read post]
18 Feb 2011, 1:38 am
§ 2246 limit the admissibility of hearsay in a habeas corpus case challenging indefinite imprisonment, potentially for life; (2) whether a preponderance of the evidence standard, rather than a clear and convincing evidence standard, is sufficient under the Due Process Clause of the Constitution and 28 U.S.C. [read post]
22 May 2012, 11:23 am
The Texas Supreme Court Ruling in In RE: Billy Frederick Allen is available in Adobe .pdf format. [read post]
10 May 2012, 7:58 am
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [read post]
10 May 2012, 7:58 am
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [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]
16 Apr 2010, 8:28 am
United States Docket: 09-583 Issue: Whether, in a discrimination case tried by a jury, the trial judge should, if requested to do so, instruct the jury that it may infer the existence of a discriminatory motive from the falsity of a defendant’s explanation of its action. [read post]
17 Jul 2013, 4:47 pm
In this “narrow range of cases,” the sentencing court could examine court documents – the charging instrument and the jury instructions – to determine if the state conviction was for the branch of the relevant crime that matched the generic federal definition of the predicate offense for a “violent felony” under the ACCA. [read post]
27 Oct 2019, 1:00 pm
New Report About Negative Lab Results In Georgia DRE Cases. [read post]
22 Dec 2010, 7:15 pm
Crawford activated his overhead lights and instructed defendant to pull over to [**4] the right-hand side. [read post]
10 Apr 2011, 4:04 pm
It is considered to be a part of the original criminal case, not a separate proceeding. [read post]
10 Sep 2023, 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]
25 Mar 2016, 8:36 am
The Section 666 convictions were thrown out on appeal because of a mess-up in the jury instructions. [read post]
21 Feb 2011, 11:05 am
(Eugene Volokh) The case is State v. [read post]
13 Nov 2016, 4:00 am
C.K-D., 2016 SCC 41 (36877) Judgment rendered Oct. 18, 2016 Justice Wagner: “The trial judge’s charge to the jury as a whole conveyed the correct instruction to the jury on the proper approach [as to how a young person’s evidence is to be considered] to assessing A.Y. [read post]
