Search for: "Standard Jury Instructions-Criminal Cases"
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23 Apr 2011, 4:09 pm
Presenting a defensive case for DUI can involve both the legal aspects of the case, such as challenges to unlawful stops, and factual aspects when the case is tried before a jury. [read post]
15 Nov 2012, 8:11 am
” “This case, like Williams, appears to eschew the strict criminal standard of willfulness that the IRS has for years applied to the civil FBAR penalty,” said Jim Mastracchio, Co-Chair of the firm’s Tax Controversy Practice. [read post]
16 Mar 2022, 8:07 pm
The Supreme Court rejected the defendant’s argument that the trial court’s refusal to instruct the jury in accordance with N.C.P.I. [read post]
3 May 2022, 11:34 am
Additionally, it held that the district court properly instructed the jury on the correct criminal standard for violations of the Controlled Substances Act. [read post]
12 Apr 2023, 7:49 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
15 Mar 2012, 9:59 am
The 11th District Court of Appeals (Eastland) held that the trial judge erred in refusing to give the LIO instruction: [T]he jury rationally could have found Goad guilty only of criminal trespass because the jury could have believed that Goad was looking only for his dog. [read post]
11 Jun 2010, 12:57 pm
In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.The Texas Court of Criminal Appeals instructs that "the trial court has a duty to give an article 38.23 instruction sua sponte (on its… [read post]
22 May 2012, 8:40 am
Department of Justice has a lot riding on his case, too. [read post]
22 May 2012, 8:40 am
Department of Justice has a lot riding on his case, too. [read post]
15 Jul 2008, 2:00 pm
Initially, the trial court instructed the jury with the standard "pattern" jury instruction, which provides: "In order to prove an assault, each of the following elements must be proved: 1. [read post]
30 Jul 2007, 3:41 am
Nebraska. . . . a charge proposed by the Federal Judicial Center in creating criminal jury instructions for the federal courts. [read post]
7 Feb 2013, 11:31 am
Defense counsel then used Defendant’s final preemptory challenge to dismiss Juror no. 1.The SCOV is quick to point out the trial court’s obligation to protect a criminal defendant’s constitutional right to trial by an impartial jury, but also notes the extremely deferential standard by which it evaluates a trial court’s purported abuse of discretion in this regard. [read post]
29 Nov 2011, 11:53 am
The first standard invites an assessment of what actually happened at trial and what the jury’s actual views of the case were. [read post]
23 Apr 2015, 3:33 pm
On the other hand, the United States argues that the jury instructions in the case fairly encompassed an objective standard, so there is no need for reversal on the facts at hand. [read post]
22 Jul 2021, 6:09 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]
28 Sep 2009, 3:48 am
It is a concept we attempt to explain in text books, classroom lectures and discussions, opening statements, closing arguments and jury instructions. [read post]
20 Jun 2024, 7:17 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
23 Apr 2014, 12:35 pm
The jury instruction during trial failed to require the jury to find that Appellant had knowledge that the victim lacked the capacity to consent to the sexual conduct. [read post]
30 Nov 2023, 10:57 am
Here, the trial court’s instruction drew the jury’s attention to the reasonable-doubt standard without explaining the important differences between the civil and criminal standards of proof or making clear that the higher burden applied in criminal cases didn’t apply in this particular civil case. [read post]
19 Sep 2011, 4:00 am
Two years before that, it amended the Copyright Act to impose criminal liability even when the infringement is noncommercial. [read post]
