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David is alive and well today (and out of prison, since his murder conviction was reversed, because of faulty jury instructions, on appeal in 2012). [read post]
14 Jul 2010, 3:04 pm by Terry Lenamon
  In the Court's news release detailing the appointment, Garringer's credentials are detailed - they include serving as a Monroe County judge (1977 - 1980) and for the past 7 years, serving as staff attorney to the Supreme Court Criminal Court Steering Committee and the Supreme Court Committee on Standard Jury Instructions in Criminal Cases. [read post]
8 Dec 2011, 5:57 am by Aaron Tang
A weaker case, by jury trial standards, but that is the risk the prosecution bears. [read post]
18 Feb 2022, 2:30 pm by Eugene Volokh
" (The court doesn't discuss any criminal prosecution questions, but in a criminal case the elements of incitement would presumably have to be proved beyond a reasonable doubt; in a civil case, preponderance of the evidence likely suffices.) [read post]
27 Mar 2015, 9:55 am by John Elwood
  In all three cases, Kansas asks whether the Eighth Amendment requires that a capital-sentencing jury be affirmatively instructed that mitigating circumstances need not be proven beyond a reasonable doubt. [read post]
11 Jul 2008, 12:49 pm
A jury verdict form that reflects this ambition simply has to limit the jury's consideration appropriately. [read post]
14 Jul 2017, 5:16 am by SHG
Silver’s case concluded that given the McDonnell decision, the jury instructions at the former speaker’s trial were erroneous, and that a properly instructed jury might not have convicted him. [read post]
30 Jan 2013, 10:49 am by Stephen Neyman, P.C.
Here in Massachusetts, the standard for lack of criminal responsibility due to a mental disease or defect is set forth in a case named Commonwealth v. [read post]
3 May 2012, 2:15 pm by McNabb Associates, P.C.
We look forward to having an impartial jury consider this superseding indictment and the evidence in this case as soon as possible. [read post]
22 Mar 2007, 11:36 am
  "The district court stated that it would not rule on a duress instruction to the jury until after Appellants had testified, if they were willing to do so, and only if the court determined that Appellants met the standard for the submission of the charge to the jury. [read post]
26 Apr 2008, 10:41 am
What the victims did was more pertinent to resolving the issues of fact than what may have been in their minds.Also, carelessness and incompetence are not standards to be applied here, unless the conduct rises to the level of criminal acts, as defined by the law relating to each count charged.What happened outside the Club Kalua on November 25, 2006, and the ensuing incident that occurred around the corner on Liverpool Street are the two significant events about which proof was… [read post]
27 Jul 2008, 3:27 pm
S. ____ (2008) (slip opinion, formatted below from .pdf to .doc format by LawPundit), which, although it is a special case of maritime law, definitely sets the logical/legal standards for treatment of punitive damages in other cases in the future.In the Exxon Valdez case, the jury had initially awarded $5 billion in punitive damages, which the Court of Appeals for the Ninth Circuit had reduced to $2.5 billion based upon due process considerations. [read post]
27 Dec 2010, 1:15 pm by Schachtman
” As noted above, the preponderance standard is not universally applied in civil cases, and certainly not in criminal cases. [read post]
19 Mar 2008, 7:03 am
"[16] Fourth, reviewing courts, under the Supreme Court's new Philip Morris decision, must ensure that the jury is instructed not to punish defendants an amount that figures in the harms to nonparties to the litigation.[17] One might see this as related, though not essential, to the Court's stated interest in ensuring that one state not try to punish defendants for conduct lawfully performed in another state.[18] Fifth, judicial review of a jury's award… [read post]
17 Jun 2011, 3:46 am by Russ Bensing
”  That’s not that outlandish; ironically, in Telfaire the appellate court upheld the trial judge’s refusal to give the instruction (on an abuse of discretion standard), finding that the facts in that case didn’t warrant it. [read post]
12 Sep 2012, 5:54 pm by Brian Shiffrin
Indeed, the Court stressed two more times that its holding was limited to cases in which the prosecution's case is based “solely” or “entirely” on the presumption (id.). [read post]
17 Feb 2017, 2:25 pm
Code §§ 1028(a)(1) and 1546(b)(3) for which he was convicted in the instant case. [read post]