Search for: "Standard Jury Instructions-Criminal Cases"
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2 Feb 2021, 10:50 am
(EST) Eastern Standard Time. [read post]
30 Jan 2021, 3:19 pm
Trebay would be in jail because a jury would say why would she lie about this? [read post]
29 Jan 2021, 12:39 pm
Dissent: This was significantly more intrusive than a standard strip search—should've gone to a jury. [read post]
21 Jan 2021, 11:32 am
In the subject case, as the defendant did not request a jury charge on third-party guilt during his trial, the court considered his argument under the plain error standard. [read post]
19 Jan 2021, 2:32 pm
A related jury instruction challenge similarly failed: “The jury found, beyond a reasonable doubt, [the defendant] guilty under Count One. [read post]
19 Jan 2021, 10:43 am
The court in Powell instructed the jury that “the word ‘engage’ implies, and was intended to imply, a voluntary effort to assist the Insurrection or Rebellion, and to bring it to a successful termination. [read post]
19 Jan 2021, 10:43 am
Another insight comes from the only reported criminal case on Section 3, in which a jury was instructed that a “voluntary” act was required to engage in insurrection. [read post]
7 Jan 2021, 1:28 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]
28 Dec 2020, 10:19 am
First, this is one of the first Federal criminal prosecutions of hospice-related crimes that has been tried before a jury. [read post]
22 Dec 2020, 8:34 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]
21 Dec 2020, 11:56 am
That particular method of testing has been accepted as valid within the scientific community and is a standard practice within the state crime lab. [read post]
19 Dec 2020, 6:38 am
Despite the high bar to prove malice, in the third and final ruling on the case, the judge and jury decided in favour of Mr. [read post]
3 Dec 2020, 8:10 am
(1) The evidence at trial sufficiently supported a jury instruction on acting in concert; and (2) it was error to allow a lay witness’s opinion testimony where the witness was in no better position than the jury to know what a video showed State v. [read post]
2 Dec 2020, 2:45 am
Each case is different and there is no magic here. [read post]
19 Nov 2020, 2:56 pm
Illinois Pattern Jury Instruction 5.01 states that, "A person is reckless when he consciously disregards a substantial and unjustifiable risk . . ., and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. [read post]
19 Nov 2020, 9:19 am
At trial, the defendant requested a jury instruction on the defense of justification. [read post]
13 Nov 2020, 12:05 pm
Employer-employee relations -- Whistle blowers -- Retaliation -- Jury instructions -- Causation -- New trial -- Discussion of proper standard of causation to be applied in cases involving employer retaliation under Whistle Blower's Act -- Trial court abused its discretion in denying defendant's request to instruct jury that it could return a verdict in favor of plaintiff only if it found that plaintiff's termination would… [read post]
13 Nov 2020, 1:45 am
He argued that the respondent was wrong to instruct the jury to apply the civil standard of proof when considering whether James Maughan had committed suicide. [read post]
12 Nov 2020, 8:23 am
The post New Jersey Court Discusses Jury Instructions on Flight in Criminal Matters appeared first on New Jersey Criminal Defense Law Blog. [read post]
2 Nov 2020, 10:10 am
[The Court avoids, at least for now, the First Amendment question by instructing the Fifth Circuit to ask the Louisiana Supreme Court to decide whether Louisiana state law even allows negligence liability in the case.] [read post]
