Search for: "Standard Jury Instructions-Criminal Cases"
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12 Jul 2012, 7:30 am
It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection. [read post]
18 Mar 2014, 5:52 am
” The petition asserted that the jury was allowed, under flawed instructions from the judge, to decide for itself whether Mehanna had coordinated his activities with Al Qaeda. [read post]
21 Jul 2008, 9:14 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
17 Feb 2023, 6:50 am
This produces three interrelated quandaries at the outset of trade secret case: Do the pleadings adequately set forth a cause of action under the familiar Twombly and Iqbal standards? [read post]
27 Feb 2023, 9:01 pm
That decision is correct, but as I shall explain below after describing the somewhat twisted path Cruz’s case took, it exposes an inadequacy in the standard for viewing the “adequacy” of state law grounds for denying federal judicial intervention.Cruz’s Complicated CaseAn Arizona jury found Cruz guilty of murdering a police officer. [read post]
3 May 2014, 4:11 pm
In the case of a jury trial, the court must submit such issue to the jury under instructions to disregard such evidence upon a finding that the statement was involuntarily made. [read post]
27 Jan 2019, 5:40 pm
The trouble was that the court had stopped taking evidence and was about to instruct the jury. [read post]
19 Sep 2011, 7:40 pm
Pillado (No. 10-1081), would make a great teaching case in Criminal Law. [read post]
20 Sep 2011, 12:56 pm
Pillado (No. 10-1081), would make a great teaching case in Criminal Law. [read post]
22 Jul 2011, 11:22 am
This court previously has noted that a new rule for the conduct of criminal prosecutions is to be applied to all cases, state or federal, pending on direct review or not yet final. [read post]
24 Jun 2024, 3:00 am
All the way up to the final instructions in the case, legal analysts on CNN and other outlets expressed doubt about what the actual theory of the criminal conduct was in the case. [read post]
24 Apr 2011, 7:50 pm
Thus, where Breakiron was guilty of some offense, and the jury instructions only presented the jury with an all-or-nothing choice between robbery and outright acquittal, there was a substantial risk that the jury would convict him of an unproven offense (robbery). [read post]
14 Apr 2008, 11:34 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
4 Feb 2012, 10:04 am
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Attorney's fees -- Attorney appointed to represent indigent defendant in criminal case -- Where case had been determined to be extraordinary and unusual, court departed from essential requirements of law by limiting fee to double the flat fee without considering the number of hours expended in determining whether the fee award was confiscatoryJOSHUA D. [read post]
25 May 2018, 3:10 am
The Guidelines are broader in scope that Rule 11 of the Federal Rules of Criminal Procedure; they establish the standards for plea agreements adopted by the Sentencing Commission. [read post]
9 Apr 2016, 4:28 pm
The Chamber considered the criminal sanction of Bédat, who had published confidential information about a criminal case, not necessary in a democratic society. [read post]
6 Jul 2016, 5:21 am
McCarthy, 385 Mass. 160, 430 N.E.2d 1195 (Supreme Judicial Court of Massachusetts 1982), we recognized a limited exception for when the grand jury `fail[ ] to hear any evidence of criminal activity by the defendant. [read post]
21 Sep 2007, 2:07 am
The trial evidence together with the reasonable inferences flowing from it was sufficient.Jury Instructions: The Court reviewed using the plain error standard because Appellant did not object to the jury instructions nor did he offer an instruction. [read post]
8 Nov 2011, 12:14 pm
If the State’s possession of this grand jury testimony violates either or both of the Orders or article 20.02(b) or (c) of the Code of Criminal Procedure, then Judge Brown and the grand jury induced that violation by instructing HCDAO court reporters to enter the grand jury room and record the proceedings. [read post]
22 Dec 2014, 7:15 am
When one thinks of beyond a reasonable doubt in the inverse it is a little easier to see just how difficult the standard is to meet assuming the jury holds strongly to the jury instruction’s dictate. [read post]
