Search for: "Standard Jury Instructions-Criminal Cases"
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14 Feb 2011, 9:38 am
The jury instruction error is of no legal consequence. [read post]
1 Jun 2022, 8:34 am
Not Just Weak When the Sussmann case was filed, back in September, I described it as “one of the very weakest federal criminal indictments I have ever seen in more than 25 years covering federal investigations and prosecutions. [read post]
5 Nov 2017, 3:52 pm
The precise jury instructions required for the federal nexus component of this offense remain a fight for another day in the Ninth. [read post]
31 Oct 2011, 5:04 pm
While the Boston Globe report raised many issues, the Massachusetts Supreme Judicial Court simply should have no interest in any comparable studies between other states with different jury instructions, prosecutors with greater discretion to reduce or dismiss weak DUI cases and different rules of evidence. [read post]
21 Jun 2017, 4:20 am
Standards that enable criminal conviction and punishment for a specific act differ markedly from the ones that lead to personal beliefs that someone must be guilty of wrongdoing. [read post]
7 Oct 2014, 3:14 pm
The Court of Appeals held, in a two to one decision, that the statute required a “but for” jury instruction, reversed and remanded. [read post]
22 Oct 2009, 10:09 pm
The court later instructed the jury that it could infer that the nephew's testimony would have been incriminating. [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]
13 Jan 2017, 1:24 pm
We also consider the jury instructions given by the trial court, the State's theory and any defensive theories, closing arguments, and even voir dire, if material to the defendant's claim.Kahlid Yusuf Worrell v. [read post]
18 Sep 2009, 7:50 am
The Iowa Supreme Court's charge was merely to determine, given the jury instructions as the law of the case, was there enough evidence provided to the jury to convict Canal. [read post]
10 Aug 2014, 5:15 pm
With respect to the homicide at issue in this case, the jury was instructed on two intentional crimes and two reckless ones. [read post]
19 May 2008, 3:30 pm
She is an expert in criminal law, civil procedure, and legal writing, all of which she teaches, and in which she has authored or co-authored 17 articles and book chapters on topics ranging from instructions to juries in criminal cases, guilty-plea negotiations, sex offenses, legal issues in AIDS, search and seizure procedures, and the legal autonomy of cities in urban planning. [read post]
3 Jan 2024, 7:15 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]
25 Nov 2008, 1:17 pm
In its jury instructions, the court repeated, "[Morena] is only on trial for these two counts and no other criminal conduct that has been mentioned or alluded to. [read post]
8 Oct 2019, 5:54 am
The plaintiff again complained, pointing to medical standards from the Centers for Disease Control and Prevention that recommend multiple examinations each year for patients with this condition. [read post]
14 Feb 2009, 2:05 am
The KSC relied on three separate grounds for reversal: clear error for a giving a foreseeablility instruction in a premeditated murder case, clear error regarding an improper supplemental instruction given to the jury during deliberations after the jury indicated it was split on one count, and ineffective assistance of trial counsel for failure to subpoena key witnesses. [read post]
1 Apr 2015, 6:11 am
District Court Judge who had the case gave the jury. [read post]
8 Jan 2020, 9:29 am
On appeal, she argued that this instruction to the jury prejudiced her trial by impugning her character. [read post]
22 Jul 2010, 4:29 pm
Thus, on the 16th, Lisa instructed Dillon’s mom to take Dillon back to the doctor, because Dillon should not have a continuing fever for such a lengthy period of time. [read post]
11 Jun 2021, 5:04 am
He told the jury that there were only two possible verdicts, the judge’s instructions on lesser-included offenses notwithstanding. [read post]
