Search for: "Standard Jury Instructions-Criminal Cases"
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13 Jun 2011, 9:14 am
When that food became significantly rodent-invested, the FDA proceeded with criminal charges. [read post]
15 Sep 2008, 8:29 pm
Hulick, No. 06-4066 In a murder and robbery case, denial of a petition for habeas relief is affirmed where: 1) the trial court did not act unreasonably when it did not inform petitioner about a question posed by the jury during deliberations; and 2) the correct standard of proof was applied on appeal with regard to the issue of harmless error. [read post]
13 Oct 2019, 7:20 pm
But the trial court's state-law jury instructions imposed a higher burden of proof for Zarda than federal law requires. [read post]
11 Feb 2012, 9:00 pm
Sometimes criminal defendants win their cases by getting the evidence suppressed. [read post]
2 Mar 2012, 10:08 am
Among the panel’s other suggestions: improving standards for defense counsel in death penalty cases; revising jury instructions to help jurors better understand their roles in death penalty cases, and narrowing the number of cases subject to the death penalty. [read post]
11 Sep 2012, 4:05 am
A case involving termination of parental rights, questioning (1) whether legally sufficient evidence supported the “best interest” standard for terminating deported Mexican citizen’s parental rights who continued support for his children and visited them with help from relatives and (2) whether legally sufficient evidence supported the endangerment standard when that evidence was based in part on the father’s conviction for criminal… [read post]
30 Oct 2007, 1:37 am
However, the case is remanded for resentencing. [read post]
6 Dec 2014, 2:32 am
The trial court applied the objective standard, however, and instructed the jury accordingly. [read post]
11 Mar 2008, 8:46 am
March 3, 2008 - March 7, 2008 To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
27 Mar 2012, 8:59 pm
United States, 164 U.S. 493, 502 (1896), involved a victim who was on someone else’s property; there, the Court upheld a jury instruction in favor of a duty to retreat. [read post]
2 Jul 2009, 10:38 am
" These rules complement an older, standard instruction that jurors shouldn't discuss the case with others or read or listen to news reports about the case. [read post]
20 Jul 2023, 5:01 am
In this case, the Commonwealth deferred to the trial court's decision to instruct the jury that any conviction must satisfy the Miller standard, i.e., a recognized exception to the First Amendment's prohibition against criminalizing speech. [read post]
24 Jan 2007, 10:18 pm
Rptr. 170 (Feb. 2006), the presumption of reasonableness itself is a powerful argument for the reasonable doubt standard as a matter of Fifth Amendment law, especially in light of the Supreme Court's law on presumptions in criminal cases. [read post]
19 Aug 2010, 8:45 am
Ramos reversed a California Supreme Court holding that the Eighth Amendment prohibited an instruction to a capital sentencing jury that the jurors could take account of the governor’s power to commute a life sentence—an instruction which, the state court reasoned, implied that the jury did not really have the ultimate responsibility in the case. [read post]
13 Nov 2008, 3:45 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
15 Jun 2017, 6:05 pm
The post SORNA Tier Chart appeared first on North Carolina Criminal Law. [read post]
27 Oct 2010, 11:30 am
Once the 9th found that there was a right of appeal, it denied defendant relief on his appeal issues, where he argued that the indictment should have been dismissed, the jury should have been instructed on wilfulness, and he should have been allowed to raise a diminished capacity defense. [read post]
22 Mar 2009, 9:28 am
Whether the defendant is entitled to acquittal or a new trial because the Tenth Circuit, in conflict with the standards applied in other circuits, erred by upholding the jury instructions bearing on the materiality of the type of information at issue, and by holding that there was sufficient evidence that the defendant failed to disclose material information and knew it. 2. [read post]
17 May 2013, 11:19 am
The State raised two issues: (1) that the court of appeals erroneously used a subjective standard to assess whether defense counsel was ineffective; and (2) under an objective standard, counsel could not be held ineffective for failing to request a mistake-of-fact instruction because the State had to prove that appellant knew the money was forged as an element of its case. [read post]
24 Jun 2015, 4:44 pm
United States threw out the jury instruction used in that case but left the door open to an instruction based on "recklessness," which will, I believe, get to the same result in nearly all cases. [read post]
