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20 Aug 2024, 7:58 am
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July 2024. [read post]
11 Nov 2013, 10:39 am
Ultimately appearing to recognize that the district court’s instruction was poorly phrased (saying that knowledge that the principal “used” a gun, as opposed to “would use” a gun, would suffice), the Solicitor General argues that the jury instructions “sufficiently conveyed” the appropriate mens rea standard. [read post]
20 Apr 2010, 8:27 am
Repeated requests at the state level for a new trial have failed, but in February, the Texas Court of Criminal Appeals ordered a new sentencing hearing on grounds relating to the jury instruction in his case, not the affair. [read post]
29 Jan 2013, 9:01 pm
But the trial judge revealed potential confusion about his own correct instructions by asking the jury foreperson for the vote on negligent homicide, even after learning of the jury’s having deadlocked on manslaughter. [read post]
17 Apr 2017, 12:08 pm
What absolutely drives me crazy is that we can never tell a jury everything that we know about the facts of the case. [read post]
17 Jan 2007, 9:24 am
The Smith case had been to the Court once before, with the Court by a 7-2 vote finding the Texas Court of Criminal Appeals' decision on jury instructions in capital cases to be unconstitutional. [read post]
27 May 2024, 8:58 pm
And Alex Samuels, arguing for the state, suggested that a holding in favor of Smith would undermine Rule 703 beyond criminal cases. [read post]
30 Jun 2022, 3:21 pm
The notes to the Pennsylvania standard jury instruction on adverse inference indicate “neither the Supreme Court of the United States nor the Pennsylvania appellate courts have addressed the consequences of a nonparty invoking the Fifth Amendment in a civil case. [read post]
18 May 2023, 7:04 am
The trial court instructed the jury on felony larceny, conspiracy to commit felony larceny, and obtaining property by false pretenses, and the jury convicted defendant of all three, as well as habitual felony status. [read post]
9 Jul 2020, 10:28 am
Today the justices rejected the president’s argument that he is categorically immune from state criminal subpoenas, but they sent the case back to the lower courts to allow the president to challenge the subpoena in this case on other grounds. [read post]
9 Dec 2013, 9:01 am
("the review of allegedly erroneous jury instructions is a legal question, and we therefore “owe no deference to the trial court's ruling and apply the ‘plain legal error’ standard of review. [read post]
20 Oct 2008, 6:46 pm
To view the full-text of cases you must sign in to FindLaw.com. [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]
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]
11 Feb 2008, 8:08 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
26 Jan 2010, 5:25 am
It continues to amaze me that Texas mandates testing for high-school athletes but not for police officers, though there's a much greater demonstrated problem with the latter than the former.The Junk Science ConundrumJordan Smith at the Austin Chronicle has coverage of the Texas House Criminal Jurisprudence Committee hearing a couple of weeks back on the standards for introducing forensic evidence into court.Jailed in Wichita CountyThe Wichita Falls Times Record News published… [read post]
29 Nov 2011, 3:34 pm
The first standard invites an assessment of what actually happened at trial and what the jury’s actual views of the case were. [read post]
12 Dec 2019, 8:58 am
The trial court ordered the testimony stricken from the record, instructed the jury not to consider it, and denied the motion for mistrial. [read post]
20 May 2021, 7:59 am
Pennsylvania law, on the other hand, requires the disclosure of all facts the expert relied upon with cautionary instruction to the jury at trial, even if they are inadmissible. [read post]
6 Jan 2022, 8:13 am
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
