Search for: "Standard Jury Instructions-Criminal Cases"
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22 Sep 2010, 9:36 am
Here, the jury was instructed to determine whether his conduct was indecent or obscene. [read post]
15 Nov 2017, 12:29 pm
The main question in the case concerns whether the defendant’s first lawyer was ineffective for not challenging a jury instruction. [read post]
26 Apr 2020, 5:10 pm
It is quite another when that element is part of the standard California jury instructions that are perhaps given in every case. [read post]
2 Feb 2015, 7:45 am
This was recognized by the Maryland State Bar Association Criminal Pattern Jury Instruction Committee in the jury instruction for refusal which states: MPJI-Cr 4:10.5 Driving Under the Influence of Alcohol and Driving While Impaired by Alcohol -- Effect of Refusal to Submit to Blood or Breath TestYou have heard evidence that the defendant refused to submit to a test to determine [his] [her] [alcohol level] [the presence of drugs or a controlled… [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 Aug 2020, 11:26 am
On appeal, the defendant argued that the trial court erred by (1) denying his request to instruct the jury on self-defense, (2) failing to instruct the jury on the “stand-your-ground” provision, and (3) denying his request to instruct the jury on the defense of habitation. [read post]
9 Sep 2016, 10:26 am
Phase 6: The Jury’s Deliberation Once they have received their instructions, the jurors retire as a group to discuss the case. [read post]
26 Nov 2008, 11:27 pm
In those cases where the process takes a little longer, there is the benefit of having a better jury for the case. [read post]
9 Jul 2012, 11:28 am
See Florida Standard Jury Instruction 7.1. [read post]
6 Sep 2013, 9:04 am
The conjunction paradox takes an acute form in criminal cases - in which, let us assume, jurors are instructed they must find that proof establishes each element of the charge beyond a reasonable doubt and also the entire charge beyond a reasonable doubt. [read post]
3 Dec 2008, 5:19 pm
The state court did not do so, instead upholding the verdict afresh under a state procedural rule for jury instructions. [read post]
15 May 2010, 8:42 am
Unfortunately, his prosecution results in an opinion that is another blow to meaningful mens rea standards in federal criminal statutes. [read post]
3 Oct 2023, 5:25 pm
Both sides rest, and the case goes to the jury. [read post]
27 Aug 2012, 4:00 am
The jury was thoroughly instructed on factors it should consider when considering the amount of damages to award, as well as the harms that result from unauthorized filesharing. [read post]
16 Apr 2015, 9:37 am
United States 14-534Issue: (1) Whether, in a federal criminal case in which the defendant has introduced and the trial court has admitted evidence of good character under Federal Rule of Evidence 404(a)(2)(A), the trial court should instruct the jury that character evidence alone may create a reasonable doubt; and (2) whether testimony directly supporting a criminal defendant’s theory that he lacked a motive to commit the offense with which he is… [read post]
7 Dec 2023, 6:41 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]
25 Apr 2007, 7:09 am
The Court reversed the Texas Court of Criminal Appeals' ruling that reinstated the death sentence of a Dallas man, LaRoyce Smith; the state court had applied a new harmless error standard under state law. [read post]
31 May 2024, 3:17 pm
The Court of Criminal Appeals has instructed Texas courts of appeals, when assessing whether a trial court’s wrongful admission of evidence adversely affected the jury’s decision that “they consider the entire record, including all the evidence presented at trial, the nature of the evidence supporting the jury’s verdict, the character of the alleged error and how it might be considered, together with the other evidence in the… [read post]
10 Dec 2021, 1:54 pm
The case is Young v. [read post]
24 Feb 2021, 10:56 am
A grand jury in March 2010 indicted the nine Hutaree members on two counts of standard firearms charges—but also for attempted use of weapons of mass destruction and seditious conspiracy. [read post]
