Search for: "Standard Jury Instructions-Criminal Cases"
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7 May 2019, 12:35 pm
Granting such relief would go against established classified information procedures that the commission has relied on to produce relevant information in this case. [read post]
12 Nov 2015, 12:56 pm
” Sometimes it’s hard to tell the difference between negligent operation and gross negligent operation, but even mere inattention can suffice for grossly negligent.In this case, the court instructed the jury that the State needed to show that Defendant “disregarded a risk of injury or death” and the State rose to that challenge. [read post]
5 Nov 2012, 6:46 pm
The SCOV holds that the offenses were part of a series of acts.The SCOV next addresses Defendant’s claim that the jury instruction regarding excited utterances was improper. [read post]
23 Apr 2017, 5:55 am
The case went to jury trial. [read post]
Takeaways From the Facebook Threat and Title VII Head Scarf Cases Handed Down by the Court This Week
3 Jun 2015, 9:01 pm
At Elonis’s criminal trial, the federal district judge instructed the jury that, for purposes of whether Elonis had issued threats prohibited by the statute, “[a] statement is a true threat [subject to prosecution] when a defendant intentionally makes a statement in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression… [read post]
27 Jul 2010, 9:24 am
In my trials, in civil practice, the "witness not called" was a standard jury instruction, but of course the judge has enormous discretion over the trial and, for all I know, criminal trials differ from civil trials on that point. [read post]
12 Apr 2017, 9:42 am
The jury instructions. [read post]
19 Jun 2022, 9:05 pm
Kruse “a complex criminal case. [read post]
19 Dec 2014, 3:08 am
He is also a member of the National Association of Criminal Defense Lawyers, a member of the Maryland Criminal Defense Attorneys' Association, a member of the Maryland Criminal Pattern Jury Instruction Committee, a member of the Maryland State Bar Association, a member of Prince George's County Bar Association, a member of the Montgomery County Bar Association, and a member of the American Civil Liberties Union and Amnesty International. [read post]
15 Jun 2009, 7:12 am
Most prior convictions are defined categorically, based on the judicially recognized facts established by the jury instructions, the plea colloquy, or other judicially recognized facts. [read post]
8 Aug 2017, 11:15 am
Applying that standard here, the appellate court concluded that the lower court took appropriate corrective actions and instructed the jury on how to interpret the superimposed images and statements. [read post]
6 Jun 2017, 6:33 am
So Texas courts go forward knowing that some percentage of erroneous IDs and false convictions could be prevented if the Legislature or the CCA would just put their foot down.Making it all advisory, suggested policies, etc., without having the exclusionary rule apply or even requiring jury instructions when suggestive lineups are allowed into evidence means these reforms don't have a lot of teeth. [read post]
17 Mar 2009, 6:00 pm
In California, our standard jury instructions (known as "CACI") include standard admonition language to jurors, and while all of our instructions were re-written not long ago to make them more easily understood, I think juror interest and focus is, shall we say, a little uneven. [read post]
16 Feb 2010, 8:34 am
Congress surely meant to proscribe this sort of thing when it enacted the felon-in-possession law. * Court distinguishes this case from a ‘mere proximity’ case or a ‘constructive possession’ case.* Court also found imperfect, but adequate, the jury instructions as to actual possession. [read post]
14 Sep 2019, 7:08 am
The court referred jurors to the jury instructions, which didn’t give any explanation of the course and scope of employment standard. [read post]
1 Jun 2011, 3:28 pm
Surely it would have been more customary to remand the case to the Federal Circuit with instructions to consider the case under the new standard. [read post]
12 May 2009, 3:48 am
What to do if a grand jury no-bills a case? [read post]
5 Jun 2018, 12:00 pm
The trial judge erred, however, by refusing to instruct the jury on defense of others as a defense to the crime of affray, the underlying act for involuntary manslaughter in the case. [read post]
31 Oct 2013, 8:15 am
Liu, Ninth Circuit.pdf Liu's convictions and sentencing for criminal copyright infringement and trafficking in counterfeit labels were vacated and remanded for two reasons: (1) the jury was improperly instructed to the criminal statutes of acting "willfully" and "knowingly" at the time of the offense; (2) Liu's counsel was ineffective by failing to raise an obvious statute-of-limitation defense. 6. [read post]
20 Feb 2007, 7:32 pm
That sends Federal criminal law into a tail spin. [read post]
