Search for: "Standard Jury Instructions Criminal Cases"
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28 Oct 2013, 6:15 am
While `review of evidentiary rulings is heightened in a criminal case,’ U.S. v. [read post]
18 Apr 2023, 5:16 am
He argues that a higher standard should apply because Jordan is targeting a state criminal prosecution. [read post]
11 Jan 2011, 8:50 am
Based on this, the record supports the jury’s findings on aggravating factors for sentencing. [read post]
28 Apr 2009, 5:28 pm
He then ruled that Locke was to be recalled for a very limited cross examination by the Defense, with an instruction to the jury to disregard any of his prior testimony against defendant Bettacchi. [read post]
2 Feb 2012, 10:11 pm
” The opinion closes with a suggestion that the trial courts consider adopting jury instructions that describe in detail the extent to which a juror may not consult outside sources of information, providing in a footnote the language of an exemplary instruction from the State of Colorado. [read post]
21 Oct 2008, 6:00 pm
[Justice Dickson's 2-page dissent concludes] Because I believe that the defendant was entitled to have the jury meaningfully instructed regarding its right to find in favor of a criminal defendant despite substantial contrary evidence, a historic right of American juries and one additionally preserved in Section 19 of the Indiana Bill of Rights, I dissent from the majority's opinion. [read post]
30 Nov 2015, 9:57 am
Where, as here, the juvenile court applies the incorrect legal standard, we may decline to engage in substantial evidence review and instead remand to allow the juvenile court to apply the correct legal standard. [read post]
23 Apr 2014, 2:30 pm
The constitutional standard is one of arbitrariness. [read post]
27 Feb 2010, 3:53 pm
First, it improperly relied on the assumption that the jury failed to adhere to its oath and instructions when it rendered its verdict against Thompkins. [read post]
27 Feb 2015, 6:15 am
Kansas, 14-6810, which 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]
18 Nov 2011, 1:31 pm
We review a district court's refusal to give an entrapment jury instruction de novo, United States v. [read post]
6 Jan 2012, 3:51 am
Jury nullification has been addressed on numerous occasions by Ohio courts, with a unanimous view, as most recently reaffirmed by the 11th District holding several years ago, that a “trial court is not required to provide an instruction on jury nullification,” complementary to the 8th District recent rejection a claim that the trial court had erred by giving the standard instruction that jurors “are not… [read post]
5 Mar 2020, 1:58 pm
The goal of the PBA’s report and recommendation for the simple rule change was to fill the jury boxes with CLE credit-seeking attorneys so that all of those high school and college kids who work so hard can present their case to a full jury each time they compete. [read post]
18 Apr 2007, 1:13 pm
Whether the trial court committed reversible error in instructing the jury on impairment; and II. [read post]
13 Nov 2020, 12:05 pm
Employer-employee relations -- Whistle blowers -- Retaliation -- Jury instructions -- Causation -- New trial -- Discussion of proper standard of causation to be applied in cases involving employer retaliation under Whistle Blower's Act -- Trial court abused its discretion in denying defendant's request to instruct jury that it could return a verdict in favor of plaintiff only if it found that plaintiff's termination would… [read post]
20 Dec 2011, 5:32 am
Because the jury received bad instructions, the high court reversed and remanded for a new trial. [read post]
13 Aug 2012, 6:41 am
Choosing the right criminal defense attorney to defend your case and protect your rights is critical. [read post]
9 Nov 2015, 7:09 am
App. 2006) (approving jury instruction based on Restatement §908).District of Columbia: Destefano v. [read post]
3 Dec 2017, 9:15 am
The State’s burden of proof is by a “preponderance of the evidence” (more likely than not), whereas in a criminal case it is to the much higher standard of “beyond a reasonable doubt. [read post]
20 Oct 2010, 11:51 am
Consider a routine criminal case. [read post]
