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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]
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]
19 Jun 2022, 4:00 am
While the charge was not perfect, the jury was nonetheless properly instructed. [read post]
20 Sep 2022, 3:00 am
Further, 98% to 100% of these deliberating jurors reported that they and their juries strictly followed the law and their jury instructions. [read post]
29 Oct 2023, 1:40 pm
Further, 98% to 100% of these deliberating jurors reported that they and their juries strictly followed the law and their jury instructions. [read post]
28 Aug 2008, 2:15 pm
Brandao, No. 07-1215 Conviction and sentence for counts under Racketeer Influenced and Corrupt Organizations statute (RICO) and Violent Crimes in Aid of Racketeering statute (VICAR) is affirmed over defendant's challenges regarding: 1) sufficiency of evidence that the government presented at trial on each of the elements of RICO and VICAR; and 2) a constructive amendment of the indictment via the jury instructions and the standard of prejudice that will be applied to… [read post]
30 Oct 2022, 1:46 pm
The standardized instructions state the officer should time the suspect and stop them in 30 seconds. [read post]
23 Dec 2008, 2:57 pm
Wilson, No. 07-2162 Denial of a petition for habeas relief in a first degree murder case is reversed where the use of a non-testifying co-defendant's statement at trial, even as redacted and subject to an instruction that the jury should not use it against defendant, was an unreasonable application of Bruton v. [read post]
5 Jan 2022, 6:02 am
Criminal and civil cases are entirely separate. [read post]
29 Mar 2010, 8:23 am
The Texas Court of Criminal Appeals (the state's high court for criminal cases) recently granted a new sentencing hearing for Hood on a technical issue related to jury instructions but has refused to address the central issue in this case: The judge and the prosecutor at Hood's trial had a long-term secret affair prior to the trial and concealed the relationship for 20 years. [read post]
9 Mar 2020, 1:21 pm
The state has an obligation to follow certain procedures in criminal cases. [read post]
16 Jun 2009, 3:34 pm
The New Jersey Supreme Court refused to hear the case. [read post]
27 Aug 2015, 9:30 am
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]
14 Jun 2018, 11:20 am
Because the defendant had not done so here, he had to meet a higher standard on appeal. [read post]
21 Jun 2022, 4:48 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
12 Jul 2011, 11:37 am
Unfortunately, the judge instructed the jury on argument and there really was no prejudice from the statement. [read post]
21 Apr 2008, 11:52 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
28 Dec 2021, 6:08 pm
[California Criminal Jury Instructions 2110] A driver also faces a DUI charge if their breathalyzer levels or BAC chemical tests are above .04 while operating a commercial vehicle. [read post]
9 May 2010, 9:14 pm
We therefore reverse the judgment of the Court of Criminal Appeals and remand this case for that court, in turn, to remand it to the trial court for an evidentiary hearing on the merits of Harrison’s juror-misconduct claims and a determination as to whether Harrison is entitled to a new trial. [read post]
