Search for: "Standard Jury Instructions-Criminal Cases"
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1 Jun 2021, 9:04 pm
Federal Rule of Criminal Procedure 17(c) governs the issuance of a subpoena duces tecum in a federal criminal matter. [read post]
13 Sep 2014, 11:20 am
Hill articulated a standard for the propriety of an adverse inference jury instruction in the face of a party’s failure or refusal to call a fact witness. [read post]
26 Aug 2016, 6:21 am
Court of Appeals for the 2d Circuitbegins by explaining that thisis a case about the line between fantasy and criminal intent. [read post]
16 Nov 2011, 9:00 am
Appellant makes no argument that he was prejudiced by any error in the court’s curative instruction, and, as a result, he has failed to carry his burden of demonstrating that any defect in the curative instruction constitutes plain error.The standard of review for determining whether evidence is sufficient to sustain a conviction does not permit us to reweigh evidence or re-examine the credibility of witnesses. [read post]
6 Jun 2011, 5:37 pm
Don’t rely on the judge’s instructions to the jury; write your own. [read post]
28 Jul 2007, 9:32 am
Alaska, and this error was notharmless under the Brecht standard. [read post]
12 Dec 2014, 9:56 am
Here, where the jury was instructed that it could not award more than $1 in nominal damages, the court found no meaningful way to apply a Gore ratio analysis. [read post]
23 Mar 2011, 8:58 pm
We do not have cases from a the [sic] standards [sic] first appearances delineating why it was being used. [read post]
31 Jul 2021, 8:15 am
SANE Nurse Reports, Expert Testimony and Medical Records In short, they are trained beyond standard medical diagnosis and treatment and operate, from a medical and law enforcement perspective, to assist the prosecution in securing a criminal conviction. [read post]
30 Jan 2012, 1:03 pm
The petition asks whether Ryan adequately preserved his Skilling challenge to the “honest services fraud” jury instructions in his case. [read post]
1 Jan 2018, 12:15 pm
At trial, the defendant proposed a jury instruction for defense of property. [read post]
28 May 2017, 5:50 am
Field sobriety tests are heavily relied upon in criminal prosecutions of DUI in Florida. [read post]
23 Jan 2019, 11:14 am
First, a criminal defendant must show that counsel’s performance fell below an objective standard of reasonable representation. [read post]
31 Aug 2017, 1:01 pm
State, supra.The Court of Appeals then outlines the “standard of review” it applies in cases in which anappellate court must review a trial court's ruling on a motion to suppress using the “bifurcated” standard of review set forth in Guzman v. [read post]
13 Mar 2024, 4:07 pm
Beyond a Reasonable Doubt Proof beyond a reasonable doubt is the burden and standard of proof that the prosecution must meet in a criminal case in order to convict a defendant of a crime. [read post]
22 Nov 2006, 3:10 pm
State Farm", and who remarked that:"[I]t's pretty clear that Campbell will remain the jurisprudential standard for this case. [read post]
27 May 2016, 8:00 am
South Carolina by refusing to instruct the jury that the only alternative to the death penalty is life without parole; and (3) whether Lynch’s due process right to a fair trial was violated by allowing a prosecutor with a history of misconduct to make a number of improper comments at trial. [read post]
7 Jul 2022, 11:21 am
The advocate should consult with care the state of the law applicable to his or her jurisdiction as well as any pattern instructions and instructions given in recent cases. [read post]
29 Jun 2017, 8:30 am
In federal court Davila claimed that his direct-appeal lawyer should have challenged a particular jury instruction. [read post]
3 Sep 2008, 1:50 pm
Case Name: Proffit v. [read post]
