Search for: "Standard Jury Instructions Criminal Cases"
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16 Mar 2010, 10:24 pm
The case, previously discussed here and here, is notable because of what it says (and doesn’t say) about “mere association” in a criminal case, and for its discussion of the standards applicable to sufficiency challenges. [read post]
14 Sep 2017, 1:33 pm
Each written credit service agreement contained a provision entitled "Waiver of Jury Trial and Arbitration Provision" (hereinafter referred to as "arbitration provision"). [read post]
16 Feb 2010, 3:36 pm
Every criminal defendant is privi [read post]
23 May 2010, 9:07 am
He agreed that the jury instruction was erroneous. [read post]
6 Sep 2007, 2:33 pm
Flawed Jury Instructions Petrocelli argues that jury instructions were wrong in regard to several key theories, including standards for “deliberate ignorance” and “materiality. [read post]
21 Feb 2016, 9:33 am
The trial court hearing Goodwin’s case instructed his jury that the defendant could be found guilty if the false statement could simply affect the carrier’s decision to pay or deny the claim. [read post]
16 Sep 2008, 6:54 am
Virginia recently created such a process and its first actual innocence writ in a non-DNA case was granted in August.Regarding jailhouse snitches, the Justice Project recently came out with a study (pdf) on the problem and suggested these reforms, all of which would require legislative action:The Justice Project's Recommendations for Improving Standards for Admissibility of Accomplice and Snitch TestimonyRequired mandatory, automatic pretrial disclosures of information related… [read post]
14 Aug 2012, 1:45 pm
Somehow, the Second Circuit managed to analogize allowing jurors, unsupervised and with full access to family and friends, to study the prosecution's template of the case at home to permitting jurors to take home copies of their jury instructions, for which there is precedential support. [read post]
14 Aug 2012, 1:45 pm
Somehow, the Second Circuit managed to analogize allowing jurors, unsupervised and with full access to family and friends, to study the prosecution's template of the case at home to permitting jurors to take home copies of their jury instructions, for which there is precedential support. [read post]
9 Oct 2015, 4:15 am
We don’t know but it is likely that this expert was instructed jointly by all the parties rather than having separate “defence” and “prosecution” witnesses as in criminal cases. [read post]
15 Oct 2009, 3:40 am
One problem was the jury instructions: they were led to believe that, in order to impose a life sentence, they would have to unanimously agree that the mitigating circumstances outweighed the aggravating circumstances. [read post]
9 Nov 2007, 6:16 pm
Officer Levi Miller investigated the case. [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]
25 Oct 2022, 5:17 am
The only viable option for the committee in that case would be a criminal contempt certification by the House to the Justice Department. [read post]
10 Jan 2010, 8:24 pm
Still not sure why the case got moved up to the first of the month. [read post]
20 May 2018, 2:26 pm
In this case, the Texas Medical Board (Board) entered into an Agreed Order[1] with a physician alleged to have violated the standard of care in a number of cases. [read post]
16 Nov 2011, 7:19 pm
In that case, the Superior Court reviewed the history of the error in judgment rule and held that it was no longer valid in Pennsylvania due to its inconsistency with the "standard of care" analysis utilized in medical malpractice cases. [read post]
22 Jul 2011, 11:32 am
The Florida Standard Jury Instructions define a "public place" as: "any place intended or designed to be frequented or resorted to by the public. [read post]
30 Aug 2008, 7:34 pm
This is freakin' major case in criminal and tax practice. [read post]
1 Jan 2010, 3:30 pm
Neither police violation of an established obligation nor a denial of due process are prerequisites for a proper adverse inference charge - those criteria apply to the abuse of discretion standard applicable to the appellate court's consideration of the lower court's refusal to give such an instruction; i.e., if the police refusal to record defendant's interrogation violated defendant's due process rights, it would have been an abuse of discretion for the trial… [read post]
