Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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1 Dec 2010, 5:39 pm
The government said it would have dropped the case if that more onerous standard was required. [read post]
30 Nov 2010, 1:33 pm
They often include allegations that a judge gave improper jury instructions, a prosecutor made improper remarks during closing arguments or that evidence was impermissibly barred or admitted. [read post]
29 Nov 2010, 7:08 am
In a criminal case, juries may simply not believe the evidence or feel that the law or its application in that particular case is unfair, and despite their instructions to the contrary, may choose to ignore the law in their decision. [read post]
29 Nov 2010, 7:08 am
In a criminal case, juries may simply not believe the evidence or feel that the law or its application in that particular case is unfair, and despite their instructions to the contrary, may choose to ignore the law in their decision. [read post]
22 Nov 2010, 11:02 am
ThomasDocket: 10-180Issue(s): (1) Whether the lower court properly held that the issuance of a "no duplication of damages" instruction to the jury in a Section 1983 case cures any error resulting from incorrect adjoining instructions that invited the jury to assess damages "by defendant" and "by claim" and to decide the legal question of joint liability; and (2) whether the adjudication of constitutional tort claims against… [read post]
21 Nov 2010, 5:10 pm
State ,(Fla.App. 2 Dist.)Criminal Justice - Defendant whose convictions were reversed because his acts were not criminal was not a "wrongfully incarcerated person. [read post]
18 Nov 2010, 3:38 am
The Ohio State Bar Association certainly thinks so; back in May they came up with a proposed jury instruction intended to curb the influence of legal and forensic TV shows. [read post]
9 Nov 2010, 9:04 am
The Court also found that the jury instructions properly instructed the finder of fact that Mr. [read post]
4 Nov 2010, 9:54 am
"It is estimated that DNA would be available and useful in less than 10 percent of all serious cases, and there are many cases where evidence isn't preserved. [read post]
2 Nov 2010, 3:26 pm
Courtesy of Law Offices of Dena Alo-Colbeck “Writing and Research for Washington Attorneys” The following criminal cases of note were decided this week: Washington State Law Washington State Supreme Court In Re Detention of Post: The Court held that the introduction by the State in Mr. [read post]
27 Oct 2010, 11:30 am
This lead to a re-opening of the investigation. [read post]
12 Oct 2010, 9:41 am
Justice Alexander then noted that, should the continued viability of Standlee be directly presented to the supreme court during her tenure, he would be included to advance Justice Utter’s position in his dissent in that case, where he argued, “Where the sole reason advocated for petitioner’s violation of his parole is the commission of criminal acts upon which he has been adjudged not guilty by application of the beyond a reasonable doubt standard in the… [read post]
10 Oct 2010, 5:44 pm
See, for instance, this Findlaw article, “The Judge’s Decision To Throw Out The Jury’s Guilty Verdict On The Murder Charge”, discussing the “thirteenth juror standard” under which a judge can throw out a jury’s verdict in a criminal trial. [read post]
20 Sep 2010, 7:28 am
The case against ‘99¢ Only Stores’ concerned the sale of three cleaning and pest control products. [read post]
6 Sep 2010, 12:24 pm
Standing alone, the phrase ‘any act’ provides no guidance to potential violators, police officers or juries, particularly because specific intent is not an element of the offense as charged in this case. . . . [read post]
23 Aug 2010, 3:35 am
In some ways we’re all a slave to something. [read post]
18 Aug 2010, 8:45 pm
According to the court, the trial judge’s jury instructions effectively gave the jury the correct legal issue: The jury was instructed that it could only award liability if the purpose of the police conduct was criminal-enforcement rather than medical. [read post]
17 Aug 2010, 3:44 am
Having relied on that blather, the government cannot now prove that the jury didn't rely on it in convicting Skilling on all charges.Although results rarely occur as they should in misdirected criminal prosecutions, Skilling really should win his release and a re-trial. [read post]
16 Aug 2010, 3:40 am
In the meantime, no rest for the courts of appeals; the 8th District alone handed down 14 decisions in just criminal cases last week. [read post]
22 Jul 2010, 4:29 pm
Thus, on the 16th, Lisa instructed Dillon’s mom to take Dillon back to the doctor, because Dillon should not have a continuing fever for such a lengthy period of time. [read post]
