Search for: "Standard Jury Instructions Criminal Cases"
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7 Feb 2015, 6:03 pm
The Court stated that the instruction should be given in appropriate cases from now on, until a model instruction is issued. [read post]
7 Feb 2015, 12:01 am
The Seventh Amendment establishes the right to a trial by jury whenever the case is one that would have required a jury at common law. [read post]
4 Feb 2015, 9:25 am
Accordingly, the court concluded that the trial court did not err by instructing the jury on the standard for premises liability and admitting evidence relevant to a premises liability determination. [read post]
2 Feb 2015, 7:45 am
This was recognized by the Maryland State Bar Association Criminal Pattern Jury Instruction Committee in the jury instruction for refusal which states: MPJI-Cr 4:10.5 Driving Under the Influence of Alcohol and Driving While Impaired by Alcohol -- Effect of Refusal to Submit to Blood or Breath TestYou have heard evidence that the defendant refused to submit to a test to determine [his] [her] [alcohol level] [the presence of drugs or a controlled… [read post]
31 Jan 2015, 12:48 pm
The Supreme Court additionally approved proposed changes from the Supreme Court Committee on Standard Jury Instructions in Criminal Cases to jury instructions for Kidnapping (9.1) and False Imprisonment (9.2). [read post]
30 Jan 2015, 8:42 am
The case is the cross-petition in the Reginald Carr case above (14-450), in which the petitioner asks whether a “jury view” of locations relevant to a criminal case is a critical stage of a criminal trial requiring the presence of a defendant and assistance of counsel. [read post]
29 Jan 2015, 2:32 am
As a Massachusetts OUI Lawyer, I have always been arguing this standard to the jury but it will require that the judge provide this precise instruction at trial when instructing the jury. [read post]
23 Jan 2015, 1:00 pm
Instead, it was quietly mentioned in a declaration by a DEA agent, in a criminal case brought in D.C. federal court. [read post]
22 Jan 2015, 6:26 am
Juries frequently apply law to fact in all types of criminal and civil cases. [read post]
16 Jan 2015, 7:52 am
Capital case Christeson earned its sixth relist this week; it asks (1) whether an actual conflict of interest meets the “interests of justice” standard established in Martel v. [read post]
15 Jan 2015, 9:57 am
Nevertheless, the district court didn't need to instruct the jury on this theory, because the defendant's presentation of a fraudulent travel document (here, an expired green card) at the time of entry affirmatively misled government officials. [read post]
12 Jan 2015, 5:39 pm
Nor was it a defense motion for an entrapment jury instruction. [read post]
30 Dec 2014, 11:24 am
For example, the judge found that press leaks attributable to the government revealed the identities and testimony of grand jury witnesses, which constituted a “shameful abuse of grand jury secrecy” that jeopardized the Sixth Amendment rights of the criminal defendants. [read post]
22 Dec 2014, 12:13 pm
Newman, in which the Second Circuit concluded that the district court’s jury instructions were improper and that the evidence was insufficient to sustain a conviction. [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]
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 Dec 2014, 8:00 am
As the California Civil Jury Instructions explain, “common carriers” are companies that are in the business of transporting the general public or their property. [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]
12 Dec 2014, 9:56 am
Here, where the jury was instructed that it could not award more than $1 in nominal damages, the court found no meaningful way to apply a Gore ratio analysis. [read post]
