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19 Jul 2014, 5:12 pm
In spite of the argument advanced by the opponent, the criminalhttp://criminaldefense.1800nynylaw.com/new-york-criminal-lawyer.html court cannot conceive how the prosecutor's instructions could rationally be construed as curative. [read post]
16 Jul 2014, 5:06 am
The Victim Protection Act governs restitution to direct victims of crime in criminal cases. [read post]
15 Jul 2014, 11:23 am
An ordinary defense, such as justification or alibi, must be disproved beyond a reasonable doubt by the prosecutor, and the jury must be specifically instructed on this. [read post]
14 Jul 2014, 4:45 pm
He flatly refused to participate in the military commission proceedings and instructed his trial counsel not to present a substantive defense. [read post]
11 Jul 2014, 6:00 am
EVIDENCE Automobile 'Black Box' Information Ruled Admissible in Criminal Case ByDaniel E. [read post]
30 Jun 2014, 6:01 pm
John Elwood reviews Monday’s relisted cases. [read post]
29 Jun 2014, 10:09 am
The court applies a harmless error standard and says that the jury would have convicted anyway, if given the proper instruction. __ Is this a privacy case or a threat case? [read post]
27 Jun 2014, 8:18 am
After the evidence has been adduced at trial the prosecution usually asks the judge to instruct the jury with the lesser included offense of reckless endangerment of a child. [read post]
25 Jun 2014, 2:00 pm
§ 2254(d) when it granted federal habeas relief from a state murder conviction on the ground that the prosecutor's request for an aiding-and-abetting instruction at the jury-instruction conference violated a putative constitutional right to prior notice of the government's theory of prosecution - a right that has been recognized in the court of appeals' own precedents, but not established by any holding of this Court. [read post]
24 Jun 2014, 8:21 am
It’s possible that a fix to the jury instructions would have sufficed to solve the problem, and the Florida Supreme Court already issued an alert — even before the bill was enacted — that the self-defense instructions “are currently under review by the Committee on Standard Jury Instructions in Criminal Cases because of recent legislation or case law. [read post]
20 Jun 2014, 10:14 am
John Elwood reviews Monday’s relisted cases. [read post]
18 Jun 2014, 11:06 am
And, the jury instructions were fine. [read post]
9 Jun 2014, 5:31 am
This was particularly the case given that petitioner had refused to submit to testing at the time of trial, which resulted in an instruction that the jury could consider his refusal as evidence of guilt. [read post]
6 Jun 2014, 8:39 am
Elmore's attorney requested jury instructions for both unreasonable self-defense and mistake of fact, which were both denied by the trial court. [read post]
6 Jun 2014, 5:01 am
Most criminal statutes seem to use the objective standard. [read post]
3 Jun 2014, 2:47 pm
CA Civil Jury Instruction 426. [read post]
30 May 2014, 11:31 am
It is indisputable that public officers be held to a high standard of performance. [read post]
28 May 2014, 5:36 am
” Federal Rule of Criminal Procedure 29(c). [read post]
22 May 2014, 1:48 pm
Circuit precedent regarding access to grand jury-related materials. [read post]
21 May 2014, 11:03 pm
Most courts now include anti-Tweet and technology instructions in standard jury instructions (see Preliminary Criminal Instruction #13, “Admonition”), but jurors have probably already found other ways to communicate to get around the current rules. [read post]