Search for: "Standard Jury Instructions Criminal Cases" Results 481 - 500 of 1,708
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24 Jul 2018, 10:33 am by David Kopel
"Yet, with Heller on the books, cases in Buzzard's flock furnish us with little instructive value. [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]
5 Jul 2018, 1:21 pm by Marcia Shein
The appeal in question raised 13 errors associated with the man’s 2014 hearing including arguments that false evidence was used, that evidence did not support a capital murder conviction, that jury charges and instructions were improper, and that the man received the assistance of deficient legal counsel. [read post]
5 Jul 2018, 12:35 pm by Marcia Shein
Court Procedures Involving the Defense of Coercion or Duress Before a court instructs a jury about coercion, a person must present evidence that coercion or duress occurred. [read post]
3 Jul 2018, 6:59 am by Edith Roberts
His most well-known criminal case as a district-court judge was United States v. [read post]
2 Jul 2018, 6:55 am by Amy Howe
The court agreed with the protester that the sidewalk is a public forum, subjecting the government’s efforts to restrict his speech to a more exacting standard of review. [read post]
29 Jun 2018, 12:15 pm by Emma Zack
He wrote, “The defendant has invited the court to jump into issues that have not been addressed by our Supreme Court, the Court of Appeals or the authors of (Nebraska Jury Instructions-Criminal 2nd Edition). [read post]
26 Jun 2018, 7:03 am by John Jascob
Other circuits expressly require juries to apply the "total mix" standard and, in those circuits, the petitioners' convictions would have been overturned. [read post]
19 Jun 2018, 7:35 am by Mark Greenberg, Harry Litman
On the procedural side, the judicial system has a raft of procedures and procedural protections, including the grand jury, trial by jury with right of cross-examination, appeal, the right to notice and to be heard, and the requirement that reasons be provided for decisions. [read post]
19 Jun 2018, 7:35 am by Mark Greenberg, Harry Litman
On the procedural side, the judicial system has a raft of procedures and procedural protections, including the grand jury, trial by jury with right of cross-examination, appeal, the right to notice and to be heard, and the requirement that reasons be provided for decisions. [read post]
14 Jun 2018, 11:20 am by Blair & Kim, PLLC
  Because the defendant had not done so here, he had to meet a higher standard on appeal. [read post]
14 Jun 2018, 11:20 am by Blair & Kim, PLLC
  Because the defendant had not done so here, he had to meet a higher standard on appeal. [read post]
13 Jun 2018, 9:39 am by Aurora Barnes
Flores-Ortega applies when a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant’s plea agreement included an appeal waiver. [read post]
12 Jun 2018, 7:15 am by John Elwood
Flores-Ortega applies when a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant’s plea agreement included an appeal waiver. [read post]
5 Jun 2018, 12:00 pm by John Rubin
The trial judge erred, however, by refusing to instruct the jury on defense of others as a defense to the crime of affray, the underlying act for involuntary manslaughter in the case. [read post]
1 Jun 2018, 5:31 pm by Thaddeus Hoffmeister
It contained statutes and jury instructions. [read post]
30 May 2018, 2:49 pm by Aurora Barnes
Court of Appeals for the District of Columbia Circuit’s judgment and instruct that court to remand the case to the district court with directions to dismiss all claims for prospective relief regarding pregnant unaccompanied minors. [read post]
30 May 2018, 2:03 pm
If we hold, as the court apparently does, that one implication of the existence of such precise, independent standards is that juries must be instructed to find facts according to those standards, we raise the spectre of requiring trial judges in defamation cases to instruct juries as to four separate and distinct burdens of proof, falling variously on the plaintiff and defendant. [read post]
30 May 2018, 1:31 pm by Christine Corcos
If we hold, as the court apparently does, that one implication of the existence of such precise, independent standards is that juries must be instructed to find facts according to those standards, we raise the spectre of requiring trial judges in defamation cases to instruct juries as to four separate and distinct burdens of proof, falling variously on the plaintiff and defendant. [read post]
30 May 2018, 9:19 am by John Elwood
Court of Appeals for the District of Columbia Circuit’s judgment and instruct that court to remand the case to the district court with directions to dismiss all claims for prospective relief regarding pregnant unaccompanied minors. [read post]