Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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11 Mar 2010, 11:25 am
We start our 3rd DCA roundup with a case that has a conundrum: What do you do when the jury instruction for a lesser has a higher standard of proof then the jury instruction for the charged crime? [read post]
5 Mar 2010, 4:33 pm
Without getting into all the details, the third jury was given a confusing instruction on residency that included both legal standards, and it seems very likely that this was a prejudicial error. [read post]
5 Mar 2010, 7:48 am
”They argued, and Fine agreed, that the law providing for the procedures surrounding instructions to a jury in the Texas Code of Criminal Procedure violate the Eighth and 14th Amendments to the U.S. [read post]
2 Feb 2010, 3:25 am
Finally, several unemployment compensation cases provide career guidance: don’t yell at your boss, if you’re just surfing the web you may be okay, but not if you’re surfing for porn. [read post]
26 Jan 2010, 1:26 pm
Mississippi is procedurally defaulted; 3) defendant's counsel was not ineffective for failing to object to the penalty instructions; and 4) a state court's analysis under Beck was reasonable as it is well established that a lesser-included offense instruction is not required where the facts of a murder so strongly indicate intent to kill that the jury could not rationally have a reasonable doubt as to the defendant'! [read post]
26 Jan 2010, 1:26 pm
Mississippi is procedurally defaulted; 3) defendant's counsel was not ineffective for failing to object to the penalty instructions; and 4) a state court's analysis under Beck was reasonable as it is well established that a lesser-included offense instruction is not required where the facts of a murder so strongly indicate intent to kill that the jury could not rationally have a reasonable doubt as to the defendant'! [read post]
26 Jan 2010, 5:25 am
" The defendant "was freed after Dallas County prosecutors began to re-examine his case when a memo was found in a police file identifying someone else as a suspect. [read post]
17 Jan 2010, 9:00 pm
What if the desire to "Kill Jews" was re-tweeted to someone who took Rachel seriously and actually committed a murder? [read post]
31 Dec 2009, 4:40 pm
The case also presents an unrelated question regarding what a defendant must do to object to an erroneous jury instruction. ------- Title: Weyhrauch v. [read post]
16 Dec 2009, 8:36 am
The Supreme Court in October clarified standard jury instructions for death penalty cases in response to another recommendation in that study, which found widespread confusion among jurors.Lawyers signing the petition included former Justices Harry Lee Anstead, Arthur England and Gerald Kogan and former American Bar Association President Martha Barnett.D'Alemberte, also a former American Bar Association president, served on the National Advisory Board of the… [read post]
4 Dec 2009, 4:43 pm
" The petition also raised a second question, challenging the Seventh Circuit's "retroactive" creation of a rule that an accused in a criminal case forfeits any claim of error in the jury instruction by resisting a split verdict approach. [read post]
9 Nov 2009, 6:01 am
The six other companies pleaded guilty in criminal cases. [read post]
4 Nov 2009, 1:31 pm
Traditionally we instruct jurors every day, don't talk about the case, don't read about it in the newspapers etc. [read post]
20 Oct 2009, 10:21 am
The following New Jersey criminal appeal cases were decided by the New Jersey Superior Court - Appellate Division and the New Jersey Supreme Court in September. [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]
21 Sep 2009, 10:36 am
District Court Judge Jack Weinstein, after a jury found a Credit Suisse broker guilty of securities fraud, in considering what sentence to impose, instructed lawyers on both sides to put the defendant's acts in the context of "how pernicious and pervasive was the culture of corruption" on Wall Street that "brought our financial system to its knees. [read post]
10 Sep 2009, 1:27 am
Koenig, Do Jurors Understand Criminal Jury Instructions? [read post]
10 Sep 2009, 1:27 am
Koenig, Do Jurors Understand Criminal Jury Instructions? [read post]
10 Sep 2009, 1:27 am
Koenig, Do Jurors Understand Criminal Jury Instructions? [read post]
25 Aug 2009, 3:25 am
The trial judge had inexplicably instructed the jury on conspiracy, even though the indictment contained no charge for it. [read post]
