Search for: "Standard Jury Instructions Criminal Cases"
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16 Feb 2021, 1:46 pm
The jury unanimously found 9 factors in mitigation (and a majority of the jury found four more), but it nonetheless imposed death. [read post]
11 Jul 2014, 6:00 am
EVIDENCE Automobile 'Black Box' Information Ruled Admissible in Criminal Case ByDaniel E. [read post]
18 Jan 2022, 11:36 am
The verdict that Blankenship conspired to willfully violate mandatory mine standards was supported by ample evidence, and there is not a reasonable probability that the jury’s conclusion would have been altered by the documents’ disclosure. [read post]
18 Jan 2016, 6:35 am
In its jury instructions, the district court stated, in relevant part:`You may not communicate about this case before reaching your verdict. [read post]
3 Jan 2024, 7:15 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]
3 Oct 2010, 7:15 pm
The Supreme Court on Monday will hand down dozens of cert. denials in criminal and capital cases. [read post]
28 Aug 2012, 11:39 pm
As in the Ninth Circuit’s Frost case the issue was not whether or not the statute violated the Constitution but rather whether or not the Court, in giving the instruction, violated a Supreme Court decision. [read post]
22 Mar 2015, 7:15 pm
The one exception is eyewitness identification of suspects in criminal cases where several state supreme courts have relied heavily on cognitive psychological research to craft better science- based specialized jury instructions.This article examines in detail and analyzes the often amazing and illuminating cognitive psychological research on memory and demeanor. [read post]
25 Oct 2018, 11:52 am
The McKittrick policy directs Department of Justice attorneys who prosecute Endangered Species Act (ESA) cases to request jury instructions that prove beyond a reasonable doubt that a defendant knew the biological identity of the animal taken. [read post]
26 Oct 2011, 2:28 pm
Mehanna apparently has requested a jury instruction on this issue, possible relating to the Brandenburg standard (i.e., that the First Amendment protects even loathsome speech unless it is likely to produce imminent illegal action). [read post]
16 Jan 2012, 10:02 am
Criminal law -- Attempted murder -- Jury instructions -- Giving of standard jury instruction on attempted manslaughter is not fundamental error in prosecution for attempted first degree murder where defendant is convicted of lesser included offense of attempted second degree murder -- Conflict certifiedJEAN L. [read post]
3 Oct 2007, 11:10 pm
The NACDL's brief comes out of the box smoking: This case highlights a recurring problem in federal criminal cases: the indiscriminate use of the deliberate ignorance instruction. [read post]
5 Nov 2009, 7:40 am
The following NJ criminal conviction appeals were decided by the New Jersey Supreme Court and the New Jersey Superior Court - Appellate Division in October. [read post]
21 May 2010, 6:12 am
The full accounting of the jury deliberations is complicated, but in short Juror No. 9 had difficulty interpreting the jury instructions about the difference between reasonable and unreasonable self-defense. [read post]
8 Apr 2008, 9:47 am
Frias, No. 06-5381 Conviction and sentence to life of imprisonment for conspiracy to commit murder in connection with a narcotics offense is affirmed over claims regarding: 1) insufficiency of the indictment; 2) erroneous jury instructions; and 3) various sentencing errors. . [read post]
2 Dec 2013, 10:06 pm
”The case went to the jury. [read post]
27 Sep 2022, 8:42 am
Although society typically deters outrageous conduct that causes a substantial risk of harm by imposing criminal liability, to establish entitlement to punitive damages in negligence cases, Swift does NOT require: a plaintiff to establish criminal conduct, or a plaintiff to identify an applicable criminal statute. [read post]
9 Sep 2008, 2:25 pm
P. 26.3 lessens the degree of deference accorded to a district court's finding of manifest necessity of a mistrial; but 3) an analysis of the factors for consideration of declaration of a mistrial contained in Comment 9.06 of the model criminal jury instructions supported the conclusion that there was manifest necessity to declare a mistrial in this case. [read post]
15 Jan 2010, 2:09 pm
As this case illustrates, it is particularly important for a New Jersey criminal defense lawyer to make sure that the trial court appropriately instructs the jury on the law. [read post]
25 Mar 2021, 5:00 am
In the Vorley case, the judge and jury have answered yes to both questions. [read post]
