Search for: "Standard Jury Instructions-Criminal Cases"
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7 May 2021, 1:35 pm
To assist the jury in reaching this determination they will be given several standard jury instructions. [read post]
23 Jul 2015, 10:55 am
Eleven of the cases in which review has already been granted for the next Term are criminal-law or related (under my generous standards). [read post]
28 Mar 2011, 2:15 pm
Nava was involved in some criminal activity outside of a bank. [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]
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]
19 May 2009, 6:24 pm
The heinousness of a sex crime can leave a jury looking for someone to blame and it is important that they are instructed carefully about the state's burden. [read post]
18 Dec 2008, 6:52 pm
" The court did note, somewhat cryptically, however, that, "While the trial court's instruction here given might not be universally appropriate, in the factual context of this case it correctly stated the relevant principles the jury needed to apply. [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]
29 Apr 2015, 11:38 am
The big news in this batch of opinions is not the conspiracy to import lobsters case, but, rather the Barry Bonds appeal. [read post]
18 Jan 2024, 7:48 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]
2 Mar 2016, 3:44 pm
The modern standard for this defense was formulated by the U.S. [read post]
15 Jul 2014, 11:23 am
An ordinary defense, such as justification or alibi, must be disproved beyond a reasonable doubt by the prosecutor, and the jury must be specifically instructed on this. [read post]
16 May 2008, 5:09 am
Conversely, the trial court's instructions do not inform the jury as to a contrary standard for determining mitigating circumstances. [read post]
16 Apr 2014, 8:06 am
” “The jury’s verdicts show that the jurors listened carefully and thoughtfully to the evidence that was presented, the attorneys’ arguments, and the court’s instructions. [read post]
24 Jun 2024, 12:59 pm
The defense lawyer can propose jury instructions that emphasize the importance of this standard and how it applies to the case. [read post]
10 Nov 2008, 5:00 am
Criminal pattern jury instructions where I practice include references to caselaw in explaining the language of the instruction, and in warning when to be cautious about using a particular instruction. [read post]
1 Dec 2008, 9:18 pm
Washington standard was unreasonable. [read post]
21 Sep 2021, 10:13 am
The case was therefore remanded with instructions for the defendant to receive a conflict-free attorney and a new hearing on the motion to withdraw his guilty plea. [read post]
21 Jan 2020, 7:21 am
In this case the limiting instruction was non-specific and overly broad. [read post]
3 Dec 2016, 4:26 am
He gave them an Allen charge instead: Shortly after lunch on Friday, the jury sent a note indicating it was at an impasse, prompting Judge Newman to deliver what is known as an Allen charge, a set of legal instructions intended to break deadlocks during deliberations. [read post]
