Search for: "Standard Jury Instructions-Criminal Cases"
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11 Nov 2023, 12:47 pm
The court rejected this claim, citing precedent that the possibility of a jury pardon cannot be a basis for prejudice under Strickland. [read post]
11 Nov 2023, 12:47 pm
The court rejected this claim, citing precedent that the possibility of a jury pardon cannot be a basis for prejudice under Strickland. [read post]
26 Jan 2009, 8:41 am
The district court gave a limiting instruction to the jury after the impeachment and at the final charge. [read post]
10 Sep 2009, 1:58 am
But subjects who were instructed to apply a standard reflecting one or another of these "reform" standards were as likely (around 45%) to find the Berkowitz defendant innocent as subjects instructed to apply the traditional common law definition. [read post]
29 Apr 2015, 12:38 pm
The big news in this batch of opinions is not the conspiracy to import lobsters case, but, rather the Barry Bonds appeal. [read post]
24 Sep 2007, 3:06 am
"Here's how to blow a five month trial out of a judge's desire to avoid a deadlocked jury," she says: "Let the jury deliberate a week and then change the jury instructions to add new ways the jury can find the defendant guilty. [read post]
24 Sep 2007, 3:06 am
"Here's how to blow a five month trial out of a judge's desire to avoid a deadlocked jury," she says: "Let the jury deliberate a week and then change the jury instructions to add new ways the jury can find the defendant guilty. [read post]
9 Dec 2014, 9:01 pm
We know from prior cases that a threat need not be carried out to be criminally cognizable. [read post]
8 Nov 2016, 10:51 am
Keita, 429 Mass. 843, 846 (1999), that ‘[a] jury instruction concerning the presumption … should be given in every case in which the question of the defendant’s criminal responsibility is raised. [read post]
8 Nov 2016, 10:51 am
Keita, 429 Mass. 843, 846 (1999), that ‘[a] jury instruction concerning the presumption … should be given in every case in which the question of the defendant’s criminal responsibility is raised. [read post]
23 May 2011, 8:44 am
In each case the Court of Appeal subsequently quashed the conviction following a reference from the Criminal Cases Review Commission. [read post]
21 Jun 2022, 5:01 am
Make no mistake, no responsible Justice Department prosecutor would restrict her analysis to the law and the facts when deciding whether to bring any criminal case, let alone one against a former president. [read post]
17 Apr 2012, 1:23 pm
Whether the Navy-Marine Corps Court of Criminal Appeals erred in reviewing the implied bias issue de novo, rather than reviewing the implied bias issue under the standard of “less deference than abuse of discretion but more deference than de novo” as set forth in U.S. v. [read post]
7 Aug 2012, 9:00 pm
By Fairfax County/Northern Virginia/Maryland/Beltway criminal defense lawyer Jon Katz. [read post]
1 Jun 2015, 10:59 am
True, they now know that they shouldn’t give jury instructions that use the negligence test in § 875 cases. [read post]
30 May 2011, 2:08 pm
Rule 5-404(b) should continue to be applicable only to evidence offered by the State against the defendant in a criminal case. [read post]
3 Nov 2022, 8:35 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]
16 Nov 2009, 5:22 am
(Hawaii November 13, 2009),the Hawaii Supreme Court announced that "a criminal defendant has a constitutional right to confer with counsel at all stages of his case, including recesses taken during his testimony" Id. at 61 (emphasis in original). [read post]
19 Aug 2012, 11:11 am
However, because the evidence would have been sufficient to convict Acosta-Sierra of attempted battery if the district court had not relied on the erroneous model jury instruction then in effect, we remand for retrial under the proper standard. [read post]
22 Jan 2015, 6:26 am
Juries frequently apply law to fact in all types of criminal and civil cases. [read post]
