Search for: "Standard Jury Instructions-Criminal Cases"
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24 Mar 2017, 2:43 pm
Ali's counsel persuaded the trial court to instruct the jury that willfulness involves a significantly higher level of culpability—knowingly engaging in conduct for which there is no reasonable excuse. [read post]
22 Mar 2017, 1:36 pm
A jury found Billups guilty of the charged offense. [read post]
13 Mar 2017, 9:01 pm
Courtrooms were full of these cases, and juries often rewarded plaintiffs with handsome judgments—fueling even more claims. [read post]
7 Mar 2017, 11:41 am
In a recent Arizona appellate case, a jury convicted a man of two counts of aggravated assault and two counts of murder. [read post]
6 Mar 2017, 1:57 pm
Sotomayor pointed out that the instructions given to the jury allowed it to “convict Perez based on what he ‘stated’ alone. [read post]
2 Mar 2017, 1:37 pm
Florida16-6250Issues: (1) Whether a special jury instruction as to Section 790.162, Florida Statutes, that an accused may be convicted of that offense with the “stated intent” to do bodily harm to any person or damage to the property of any person, amounts to an unconstitutional diminishment of the required criminal mens rea or scienter under the United States Supreme Court’s decision in Elonis v. [read post]
26 Feb 2017, 9:30 pm
Criminal prosecutions are extremely rare as prosecutors must rely on police for the investigation of criminal cases and are reluctant to prosecute officers unless there is overwhelming evidence of serious misconduct. [read post]
25 Feb 2017, 1:42 pm
” That’s a really high standard. [read post]
23 Feb 2017, 12:04 pm
Florida16-6250Issues: (1) Whether a special jury instruction as to Section 790.162, Florida Statutes, that an accused may be convicted of that offense with the “stated intent” to do bodily harm to any person or damage to the property of any person, amounts to an unconstitutional diminishment of the required criminal mens rea or scienter under the United States Supreme Court’s decision in Elonis v. [read post]
17 Feb 2017, 2:25 pm
Code §§ 1028(a)(1) and 1546(b)(3) for which he was convicted in the instant case. [read post]
7 Feb 2017, 5:41 am
While I have been on the federal bench over 20 years and have presided over tons of criminal cases and hundreds of jury trials, I have never sat as a judge on an ordinary rape case. [read post]
2 Feb 2017, 1:22 pm
The quoted case descriptions are from Westlaw, except where described as quotations from Gorsuch. [read post]
30 Jan 2017, 5:10 pm
Rosenfeld, supra, 34 N.J. at 138 and 143.The Trial Judge will read the following instructions to the jury prior to the jury deciding damages and negligence:[Option A: Specialist. ] The defendant(s) in this case is (are) a medical specialist(s) in the field of [insert appropriate specialty description]. [read post]
30 Jan 2017, 5:52 am
Diamond, supra.The court goes on to explain that the Fifth Amendment provides that no person `shall be compelled in any criminal case to be a witness against himself. [read post]
23 Jan 2017, 3:00 am
Although the foregoing legal issues may sound dry at first blush, they are important for lawyers to consider in advising corporate executives on their criminal liability for employees’ actions and their own actions, and also for avoiding damaging jury instructions in any criminal 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]
13 Jan 2017, 10:41 am
However, the Civil Jury Instructions Subcommittee of the Pennsylvania Supreme Court’s Committee for Proposed Standard Jury Instructions indicated that it is permissible provided the parties and the trial judge agree. [read post]
12 Jan 2017, 12:04 pm
As might be expected, Gruender has ruled consistently against criminal defendants in death penalty cases, including cases alleging that lethal injection protocols violate the Eighth Amendment and cases involving challenges to death sentences by defendants who claim intellectual disabilities. [read post]
12 Jan 2017, 7:01 am
Because unpermitted discharges can result in steep civil and criminal penalties, the meaning of WOTUS is of central importance. [read post]
11 Jan 2017, 7:19 am
Courts of Appeals for the 1st, 4th, 7th and 9th Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. [read post]
