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5 Mar 2020, 1:58 pm by Daniel E. Cummins, Esq.
The goal of the PBA’s report and recommendation for the simple rule change was to fill the jury boxes with CLE credit-seeking attorneys so that all of those high school and college kids who work so hard can present their case to a full jury each time they compete. [read post]
21 Feb 2014, 8:49 pm
Category: Civil Procedure  By: Jesus Hernandez, Blog Editor/Contributor   TitleLighting Ballast Control, LLC v. [read post]
16 Jul 2018, 9:03 am by Minick Law
As the Court in Miller noted, in North Carolina, there is no pattern jury instruction that expressly addresses the defense of necessity. [read post]
18 Mar 2014, 5:52 am by Lyle Denniston
On Monday, lawyers for a U.S. citizen asked the Court to confront that very issue in a case that has achieved wide notoriety and stirred civil liberties protests. [read post]
24 Sep 2007, 3:06 am
"Here's how to blow a five month trial out of a judge's desire to avoid a deadlocked jury," she says: "Let the jury deliberate a week and then change the jury instructions to add new ways the jury can find the defendant guilty. [read post]
24 Sep 2007, 3:06 am
"Here's how to blow a five month trial out of a judge's desire to avoid a deadlocked jury," she says: "Let the jury deliberate a week and then change the jury instructions to add new ways the jury can find the defendant guilty. [read post]
21 Jul 2008, 9:14 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
3 Jan 2012, 6:49 am by Jonathan Hafetz
 Marty Lederman and Steve Vladeck provide a comprehensive analysis at Opinio Juris (Part I is here and Part II here). [read post]
22 Dec 2014, 7:15 am by Mayberry Law Firm
When one thinks of beyond a reasonable doubt in the inverse it is a little easier to see just how difficult the standard is to meet assuming the jury holds strongly to the jury instruction’s dictate. [read post]
22 Dec 2014, 7:15 am by Mayberry Law Firm
When one thinks of beyond a reasonable doubt in the inverse it is a little easier to see just how difficult the standard is to meet assuming the jury holds strongly to the jury instruction’s dictate. [read post]
22 Dec 2014, 7:15 am by Mayberry Law Firm
When one thinks of beyond a reasonable doubt in the inverse it is a little easier to see just how difficult the standard is to meet assuming the jury holds strongly to the jury instruction’s dictate. [read post]
29 Aug 2011, 9:41 am by Mike Scarcella
Rattigan’s attorneys said they do not think the jury instructions were improper. [read post]
20 May 2016, 6:00 am by Daniel E. Cummins
"   How long then until a lawsuit is allowed against the manufacturers of GPS devices on the basis that the voice instructions made the driver look at the device at which point there was an accident? [read post]
21 Jul 2015, 8:00 am by Gregory J. Brod
  This standard applies to all non-medical professional malpractice actions and is detailed in California Civil Jury Instruction 600 (“[A/An] [insert type of professional] is negligent if [he/she] fails to use the skill and care that a reasonably careful [insert type of professional] would have used in similar circumstances. [read post]
26 Jun 2015, 6:15 am by Joy Waltemath
Moreover, the State had not duty to charge the grand jury on the legal standard governing a potential defense of justification. [read post]
29 Aug 2010, 8:46 am by Moseley Collins
For purposes of the Elder Abuse Act, California Civil Jury Instruction ( CACI ) 3113 has adopted that standard, stating that a defendant acts with recklessness if he or she knew it was highly probable that [his or her] conduct would cause harm and [he or she] knowingly disregarded this risk, and that recklessness is more than just the failure to use reasonable care. [read post]
28 Aug 2008, 2:15 pm
Brandao, No. 07-1215 Conviction and sentence for counts under Racketeer Influenced and Corrupt Organizations statute (RICO) and Violent Crimes in Aid of Racketeering statute (VICAR) is affirmed over defendant's challenges regarding: 1) sufficiency of evidence that the government presented at trial on each of the elements of RICO and VICAR; and 2) a constructive amendment of the indictment via the jury instructions and the standard of prejudice that will be applied to… [read post]
27 Jun 2014, 8:18 am by Stephen Neyman, P.C.
After the evidence has been adduced at trial the prosecution usually asks the judge to instruct the jury with the lesser included offense of reckless endangerment of a child. [read post]
2 Feb 2018, 7:37 am by Ben
"Because there is a reasonable probability that this erroneous instruction affected the jury’s verdict, we remand for a new trial. [read post]