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19 Aug 2019, 9:00 pm by Jamie Markham
In this murder case, the defendant’s first trial ended in a mistrial due to a deadlocked jury. [read post]
27 Aug 2015, 9:30 am by Steven M. Sweat
 California’s Civil Jury Instructions section 418, the so-called “negligence per se” instruction, could be read to the jury as follows: If you decide 1. [read post]
4 Aug 2008, 7:06 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
23 Oct 2012, 3:47 pm
This case does not merely involve erroneous instructions. [read post]
25 Nov 2010, 8:46 pm by Madelaine Lane
  On appeal, the Court directed the parties to address: 1) whether the jury was properly instructed that, if the prosecutor proved beyond a reasonable doubt that the defendant confronted the victim intending his presence to provoke the victim to use force, that the defendant forfeited the benefit of self-defense; and, 2) whether the beyond a reasonable doubt standard is sufficiently expressed when the court instructs that, if a realistic or reasonable… [read post]
15 Jun 2022, 6:16 pm by admin
Criminal cases in the United States are adversarial. [read post]
26 Jan 2010, 1:26 pm
Mississippi is procedurally defaulted; 3) defendant's counsel was not ineffective for failing to object to the penalty instructions; and 4) a state court's analysis under Beck was reasonable as it is well established that a lesser-included offense instruction is not required where the facts of a murder so strongly indicate intent to kill that the jury could not rationally have a reasonable doubt as to the defendant'! [read post]
26 Jan 2010, 1:26 pm
Mississippi is procedurally defaulted; 3) defendant's counsel was not ineffective for failing to object to the penalty instructions; and 4) a state court's analysis under Beck was reasonable as it is well established that a lesser-included offense instruction is not required where the facts of a murder so strongly indicate intent to kill that the jury could not rationally have a reasonable doubt as to the defendant'! [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]
6 Feb 2020, 7:01 pm by Shea Denning
”; (4) Trial court committed reversible error by delivering unsupported jury instructions on the aggressor doctrine. [read post]
4 Dec 2011, 8:18 pm by admin
During oral argument, Justice Corbin reminded the parties of the governing legal standard. [read post]
1 Apr 2010, 2:25 pm by William Ryan Moore
Accordingly, because the facts alleged in an accusatory pleading will vary on a case-by-case basis, we conclude that a case-by-case determination is warranted when deciding whether attempted second-degree murder is a permissiv [read post]
7 Sep 2015, 1:33 pm by Andrew Delaney
The SCOV looks at the jury instructions and doesn’t find a problem there. [read post]
23 Mar 2009, 1:26 pm
One count of the conviction is reversed where an error in jury instructions concerning possession of a firearm in furtheranc [read post]
22 Aug 2011, 1:43 pm by Christine Dowling
"  The court also revised its standard model jury instructions related to this issue. [read post]
28 Jan 2014, 9:54 pm by Luke Rioux
The defense then asked for a jury instruction requiring the prosecution to prove that death was a direct result of the heroin. [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]
16 Jun 2022, 8:36 am by Sang-Min Kim
In May 2022, a special grand jury was appointed to hear evidence from the investigation, with both investigative and subpoena power. [read post]