Search for: "Standard Jury Instructions Criminal Cases"
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19 Feb 2014, 12:38 pm
Burrage’s jury was instructed at trial that a conviction could be accomplished based upon a finding that the heroin sold by Burrage to Banka “contributed to” Banka’s death. [read post]
19 Feb 2014, 7:00 am
Courts have long struggled with interpreting (and thus instructing a jury on) the statutory element of willfulness. [read post]
15 Feb 2014, 4:13 pm
The key date that the jury gave those guilty verdicts was 17 December 2003. [read post]
3 Feb 2014, 4:10 am
A hearing was in progress in the UK last week before a Bar Standards Board disciplinary tribunal over the way in which a barrister conducted a criminal defence. [read post]
28 Jan 2014, 9:54 pm
The defense then asked for a jury instruction requiring the prosecution to prove that death was a direct result of the heroin. [read post]
21 Jan 2014, 11:45 am
What is a certiorari in a criminal proceeding? [read post]
21 Jan 2014, 11:45 am
Very basically, the Preliminary Judge is authorized to commit an accused to stand trial if he or she finds that at trial, a reasonable jury, properly instructed, could find the accused guilty based upon the evidence put forth at the Preliminary Hearing (R. v. [read post]
19 Jan 2014, 2:16 pm
But Judge Hernandez incorrectly instructed the jury on the law, so they didn't know what standard should govern their decision. [read post]
17 Jan 2014, 11:42 am
Thus, even assuming that the Gertz standard only applies to public concern speech, that standard is satisfied, and the district court’s instruction to the contrary is erroneous. [read post]
15 Dec 2013, 4:25 pm
The jury was instructed that they were to consider the Per Se count first and, if they found defendant guilty of that count, they were not to consider any of the remaining counts. [read post]
12 Dec 2013, 3:02 pm
To prove a criminal case against Rockefeller, the D.A will have a difficult hurdle. [read post]
9 Dec 2013, 9:01 am
("the review of allegedly erroneous jury instructions is a legal question, and we therefore “owe no deference to the trial court's ruling and apply the ‘plain legal error’ standard of review. [read post]
2 Dec 2013, 10:06 pm
”The case went to the jury. [read post]
11 Nov 2013, 10:39 am
Ultimately appearing to recognize that the district court’s instruction was poorly phrased (saying that knowledge that the principal “used” a gun, as opposed to “would use” a gun, would suffice), the Solicitor General argues that the jury instructions “sufficiently conveyed” the appropriate mens rea standard. [read post]
10 Nov 2013, 9:09 pm
In cases like this one, where death has occurred from a drug overdose, there is no need for a jury instruction that it has to find that the drug dealer foresaw that death could result, the government argued. [read post]
6 Nov 2013, 12:00 am
Jurors ought to be free to nullify the law when they believe it has been misapplied, and lawyers ought to be free to argue nullification, taking their case directly to the people in the jury box. [read post]
4 Nov 2013, 9:46 am
If that ends up being the case, it won’t be for lack of theorizing. [read post]
31 Oct 2013, 8:15 am
Liu, Ninth Circuit.pdf Liu's convictions and sentencing for criminal copyright infringement and trafficking in counterfeit labels were vacated and remanded for two reasons: (1) the jury was improperly instructed to the criminal statutes of acting "willfully" and "knowingly" at the time of the offense; (2) Liu's counsel was ineffective by failing to raise an obvious statute-of-limitation defense. 6. [read post]
29 Oct 2013, 11:41 am
Speak only when instructed to do so. [read post]
28 Oct 2013, 5:00 pm
Speak only when instructed to do so. [read post]
