Search for: "Standard Jury Instructions Criminal Cases"
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11 May 2014, 4:29 am
The SCOV begins with the jury-instruction question. [read post]
9 May 2014, 5:50 am
” It noted that the concept of practical significance cannot be precisely defined and courts find it difficult to apply an elusive, know-it-when-you-see-it standard, let alone instruct a jury on how to do so. [read post]
7 May 2014, 12:00 am
Both jury instructions take their name from that of the defendants in whose cases the instructions’ use were upheld by an appellate court. [read post]
3 May 2014, 4:11 pm
In the case of a jury trial, the court must submit such issue to the jury under instructions to disregard such evidence upon a finding that the statement was involuntarily made. [read post]
2 May 2014, 2:59 pm
The Brooks Furniture standard was so demanding that it appeared to render section 285 superfluous of the courts’ inherent power to award fees in cases involving misconduct or bad faith. [read post]
1 May 2014, 9:05 am
Counsel obviously recognized the free-speech implications of this case, and asked for the jury to be instructed verbatim on the language of the First Amendment and Article I, Section 9 of the Indiana Constitution, both of which were given without objection. [read post]
29 Apr 2014, 3:13 pm
The case presents two questions: (1) Whether the Sixth Circuit violated the Anti-Terrorism and Effective Death Penalty Act by granting habeas relief because a Kentucky trial court refused to issue an instruction to the jury telling it not to draw adverse inferences from the defendant’s silence at the sentencing phase in a death penalty case; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. [read post]
29 Apr 2014, 3:13 pm
The case presents two questions: (1) Whether the Sixth Circuit violated the Anti-Terrorism and Effective Death Penalty Act by granting habeas relief because a Kentucky trial court refused to issue an instruction to the jury telling it not to draw adverse inferences from the defendant’s silence at the sentencing phase in a death penalty case; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. [read post]
29 Apr 2014, 10:55 am
12 Angry Men is interesting because it focuses on jury deliberations and does not depict the trial itself – only the judge’s jury instructions. [read post]
23 Apr 2014, 2:30 pm
The constitutional standard is one of arbitrariness. [read post]
23 Apr 2014, 12:35 pm
The jury instruction during trial failed to require the jury to find that Appellant had knowledge that the victim lacked the capacity to consent to the sexual conduct. [read post]
20 Apr 2014, 3:22 pm
With no psych evidence, a dim cap instruction was denied, and Christian was convicted. [read post]
16 Apr 2014, 8:06 am
” “The jury’s verdicts show that the jurors listened carefully and thoughtfully to the evidence that was presented, the attorneys’ arguments, and the court’s instructions. [read post]
14 Apr 2014, 5:38 am
The Appellate Court concluded that the defendant had implicitly waived any objection to the jury instructions, and declined to review the defendant’s instructional error claim on appeal. [read post]
9 Apr 2014, 4:30 am
Just like in that old criminal case, the issue was whether the absence of an interpreter made a difference. [read post]
18 Mar 2014, 5:52 am
” The petition asserted that the jury was allowed, under flawed instructions from the judge, to decide for itself whether Mehanna had coordinated his activities with Al Qaeda. [read post]
6 Mar 2014, 6:04 am
This is the point at which the prosecution theory, and the district court’s jury instructions, in Rosemond’s case failed. [read post]
1 Mar 2014, 4:19 am
As you know, there is no “right” to a jury trial in civil matters, only criminal matters provide that option. [read post]
27 Feb 2014, 1:42 pm
Alabama by approving the trial court’s refusal to instruct the jury on second-degree murder. [read post]
19 Feb 2014, 2:01 pm
Finally, this theory of jurisdiction is unavailable to the People because it must be specifically proved before the grand jury, the grand jury instructed on it, and the theory pleaded in the indictment. [read post]
