Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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14 Oct 2008, 3:20 pm
Bissonnette, No. 081094 In a conviction for first degree murder, denial of writ of habeas corpus is affirmed over claims that: 1) the trial judge's instruction to the jury that the prosecution "does not have the burden of proving that no one else may have committed the murder" was an error that was contrary to clearly established Supreme Court precedent as stated in In re Winship; and 2) the trial court violated defendant's Sixth Amendment Confrontation… [read post]
8 Oct 2008, 1:57 pm
Jury Instructions: The Court has stated that the trial court commits a fundamental error and reversal is required when it fails to give an instruction on an essential element of a criminal offense. [read post]
29 Sep 2008, 7:50 pm
Kentucky in concluding that petitioner had not presented a prima facie case of race discrimination with respect to jury selection at her criminal trial in state court. . [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]
5 Sep 2008, 3:32 pm
Code § 1029, which criminalizes what is called access device fraud. [read post]
2 Sep 2008, 5:17 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [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]
12 Aug 2008, 5:01 pm
Issues The issues before us are: I. whether the trial court properly instructed the jury on the "rescue doctrine"; II. whether the trial court properly refused to instruct the jury on the doctrine of incurred risk; and III. whether the trial court properly refused to permit Star and Cottingham to have peremptory juror challenges separate from Peters. * * * The trial court did not abuse its discretion by instructing the jury on the… [read post]
12 Aug 2008, 1:00 pm
The goal is to persuade federal courts to re-examine the standard for holding corporations criminally liable for the acts of their agents.In the Ionia Management case, a Greek company that manages a fleet of tanker vessels, was convicted and sentenced for its role in falsifying records to conceal the overboard dumping of waste oil from one of its vessels into international waters. [read post]
4 Aug 2008, 7:06 pm
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31 Jul 2008, 3:02 am
” She continues: “If the criminal system can’t get homicide cases right, then it’s very unlikely that we’re getting other things right. [read post]
27 Jul 2008, 3:27 pm
S. ____ (2008) (slip opinion, formatted below from .pdf to .doc format by LawPundit), which, although it is a special case of maritime law, definitely sets the logical/legal standards for treatment of punitive damages in other cases in the future.In the Exxon Valdez case, the jury had initially awarded $5 billion in punitive damages, which the Court of Appeals for the Ninth Circuit had reduced to $2.5 billion based upon due process considerations. [read post]
21 Jul 2008, 9:14 pm
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11 Jul 2008, 12:49 pm
A jury verdict form that reflects this ambition simply has to limit the jury's consideration appropriately. [read post]
25 Jun 2008, 6:15 pm
McCann, No. 06-3257 Denial of a habeas corpus petition from a sentence to life imprisonment for murder is affirmed over claims of error regarding whether: 1) Apprendi principles were violated because there was no jury determination establishing the facts necessary to impose an enhanced sentence; 2) defendant never waived his right to a jury trial as to his sentence; 3) double jeopardy barred another sentencing trial so he should be re-sentenced to the maximum term of up to… [read post]
23 Jun 2008, 8:39 am
Categories included: Corrections Law, Criminal Procedure Law, Death Penalty, Judiciary Law, Penal Law. [read post]
12 Jun 2008, 8:26 pm
The State was free to re-present the case on some other theory of liability. [read post]
10 Jun 2008, 2:36 pm
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27 May 2008, 9:50 am
Heath, No. 07-1215 A conviction for tax evasion is affirmed over claims of error regarding: 1) the failure of the district court to properly state a jury charge by omitting that the government had to prove that a "substantial" amount of tax was due; 2) an instruction to the jury that they did not have to find defendant's conduct "willful;" 3) the phrase "Void where prohibited by law" and a jury instruction on whether a… [read post]
22 May 2008, 11:08 pm
That's the standard under cases like Flemming. [read post]
