Search for: "Standard Jury Instructions-Criminal Cases"
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3 Jun 2015, 8:04 am
” The Supreme Court reversed, ruling that Elonis’s jury had been improperly instructed. [read post]
3 Jun 2015, 6:23 am
“Race-based double standard. [read post]
2 Jun 2015, 5:32 am
And the statutory decision that the Court reached, while important for deciding how to instruct juries in federal threats case, is likely to practically affect the results in only a narrow range of cases. [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]
1 Jun 2015, 10:49 am
It is also not clear whether the Third Circuit could now apply another theory that Alito’s opinion raised: that the flaw in the jury instructions in Elonis’s trial could be excused as “harmless error. [read post]
1 Jun 2015, 10:43 am
Two circuits had required a subjective standard. [read post]
1 Jun 2015, 7:24 am
They must actually decide cases, and this means applying a standard. [read post]
23 May 2015, 9:00 pm
Because of the history of violence, the intransigence of respondent and petitioner’s refusal to proceed criminally against respondent, the court determines to impose three terms of civil commitment to run consecutively. [read post]
21 May 2015, 11:07 am
Voir Dire on the Fundamentals of Our Criminal Justice System Abstract: The American criminal justice system is built on three bedrock principles: the presumption of innocence, the burden of proof, and the standard of proof beyond a reasonable doubt. [read post]
21 May 2015, 8:19 am
§ 2254 that governs review of a state court’s holding that jury instructions could not have reasonably misled the jury on state law; and (2) whether the Sixth Circuit properly found that any alleged error was harmful under Brecht v. [read post]
14 May 2015, 2:15 pm
§ 2254 that governs review of a state court's holding that jury instructions could not have reasonably misled the jury on state law; and (2) whether the Sixth Circuit properly found that any alleged error was harmful under Brecht v. [read post]
12 May 2015, 10:58 am
The lyrics read to the jury were short: “‘About killing, people, you can kill by [illegible]. [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]
29 Apr 2015, 11:38 am
The big news in this batch of opinions is not the conspiracy to import lobsters case, but, rather the Barry Bonds appeal. [read post]
27 Apr 2015, 1:34 pm
A jury found for the jail officers, but Kingsley argues that the jury decided the case under the wrong legal standard. [read post]
24 Apr 2015, 8:53 am
In this case, however, the district court’s jury instruction on excessive force added an unnecessary and confusing element of ‘reckless’ conduct or purpose to the required elements of plaintiff’s claim,” Judge Hamilton wrote. [read post]
24 Apr 2015, 7:10 am
Washington because the court did not appreciate the prejudice inherent to Appellant from the absence of a jury instruction defining heat of passion given that the instruction was crucial to Appellant's defense. [read post]
24 Apr 2015, 6:10 am
Washington because the court did not appreciate the prejudice inherent to Appellant from the absence of a jury instruction defining heat of passion given that the instruction was crucial to Appellant’s defense. [read post]
24 Apr 2015, 5:27 am
`The independent or de novo standard of review is applicable in assessing whether instructions correctly state the law [citations omitted]. . . . [read post]
23 Apr 2015, 3:33 pm
On the other hand, the United States argues that the jury instructions in the case fairly encompassed an objective standard, so there is no need for reversal on the facts at hand. [read post]