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1 May 2020, 8:29 am by Eugene Volokh
And because the jury was not instructed using the true threats standard, the court reversed the conviction. [read post]
22 Mar 2007, 12:46 pm
He claimed that the prosecutor's argument that the jury should sentence Weaver to death to send a message to other criminals violated a requirement of individualized punishment. [read post]
14 May 2013, 3:32 am
”) And the self defense instructions that are submitted to the jury contain the updated instructions that allow a person to stand their ground when utilizing deadly force, rather than the old instructions that required an attempt to retreat first. [read post]
17 Jul 2015, 11:05 am
For reasons already explained, enforcing the government’s obligations is critical to achieving a level playing field in criminal cases. [read post]
19 Nov 2008, 8:33 pm
Did the submission of an inapplicable, superfluous jury instruction cause some harm to Appellant? [read post]
7 Nov 2018, 8:46 am by John Elwood
Mississippi in light of evolving standards of decency, equal protection, and the Eighth Amendment’s prohibition against cruel and unusual punishment when the advisory panel at the penalty phase of trial was repeatedly instructed in violation of Caldwell. [read post]
1 Mar 2010, 9:52 am by Christine Hurt
In most cases, these concerns are overstated and properly rejected by trial courts under the existing standards governing the constitutional access right. [read post]
22 Jun 2010, 10:43 pm by cdw
The Texas Court of Criminal Appeals in  Adrian Estrada v. [read post]
23 Mar 2016, 1:50 pm by Staff Writer
  Give back to Caesar what is Caesar’s, Jesus instructed. [read post]
8 Jan 2024, 5:33 pm by crimdefense@hotmail.com
Individuals charged with OWI can challenge the accuracy of the sobriety tests results in court by providing evidence that they were not administered in a standardized way or that environmental conditions prevented them from completing them as instructed. [read post]
18 May 2018, 2:38 pm by Aurora Barnes
Court of Appeals for the District of Columbia Circuit’s judgment and instruct that court to remand the case to the district court with directions to dismiss all claims for prospective relief regarding pregnant unaccompanied minors. [read post]
27 Jul 2011, 9:22 am by Aaron Pelley
Bea’s conviction for first degree assault, holding that the trial court properly gave the jury a first aggressor instruction when the facts showed that, while Mr. [read post]
17 Jul 2017, 8:32 am by Eugene Volokh
Besides, these instructions met even our tough standard because the jury focused on probable cause. [read post]
4 Apr 2010, 7:49 pm by cdw
Judge Stuard had had an informal practice of enlisting prosecutorial assistance in drafting judgment entries in criminal cases. [read post]
22 Feb 2007, 9:47 pm
That holding alone will likely invalidate dozens of state statutes and standard jury instructions. [read post]
18 Jul 2016, 11:45 am
’ Petitioner requested a self-defense instruction, which the circuit court refused.State v. [read post]
4 Jun 2013, 12:50 pm by John Elwood
United States standard and that the court should instead have conducted a more searching inquiry into the  effects of the constitutional error on the jury’s verdict. [read post]
4 Dec 2009, 4:43 pm
" The petition also raised a second question, challenging the Seventh Circuit's "retroactive" creation of a rule that an accused in a criminal case forfeits any claim of error in the jury instruction by resisting a split verdict approach. [read post]
14 Nov 2011, 7:51 am by Gritsforbreakfast
But here's what it misses: 97% of criminal convictions are plea bargained and never reach a jury trial. [read post]