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19 Jan 2019, 8:13 am
In a criminal defense trial with a layperson jury and the beyond-reasonable-doubt standard, Qualcomm would have a decent chance of finding at least some jurors who would vote for acquittal, even if only because it's easy to create smokescreens in a context that requires a certain degree of expertise to understand. [read post]
14 Mar 2011, 12:52 pm
And, accordingly, instructed the jury:“Ladies and gentlemen of the jury, before I give you your final set of instructions, I need to clarify certain matters.As I told you before, statements that the attorneys make during argument [are] not evidence. [read post]
2 Jun 2009, 11:40 am
" The appeals court also found that the trial judge did not err in failing to instruct the military jury about the Marcum tests for determining whether conduct was protected under Lawrence. [read post]
5 Feb 2016, 3:14 pm
The Court outlined the reasonableness standard for determining the scope of consent. [read post]
5 Feb 2016, 3:14 pm
The Court outlined the reasonableness standard for determining the scope of consent. [read post]
3 Nov 2009, 6:33 am
Under Section Section 10.15 of the Florida Standard Jury Instructions, the state must prove that the convicted felon had in his care, custody, possession, or control a firearm, electric weapon/device, or ammunition. [read post]
30 Jun 2009, 12:13 pm
Category: Recent Decisions;Criminal Opinions Body: Below is a list of criminal law Appellate Court opinions issued in July 2009: AC28642 - State v. [read post]
10 Sep 2021, 11:49 am
The case is Stars Interactive Holdings v. [read post]
27 Feb 2014, 1:42 pm
Alabama by approving the trial court’s refusal to instruct the jury on second-degree murder. [read post]
8 Aug 2010, 10:20 am
Heeter also challenged the jury instructions and challenged the statute as ambiguous, but the court rejects these challenges. ---- The case illustrates the ease with which email evidence (and MySpace accounts) can be faked. [read post]
10 May 2012, 6:15 am
Since this is a criminal case, the jury doesn't get to decide which side it believes more -- that's a preponderance of the evidence standard. [read post]
8 Oct 2013, 3:01 pm
It is, therefore, in this context relevant and instructive to note that the ECtHR in the case of Al Khawaja and Tahery, decided on 15 December 2011, considered and expressly rejected a similar view as that put forward by the Defence in this case. [read post]
24 Mar 2023, 10:20 am
” And the jury was not instructed that “encourage” should be read as anything other than its ordinary meaning. [read post]
28 Nov 2015, 4:07 pm
The case was decided on the issue of the jury direction in the context of criminal law. [read post]
2 Nov 2020, 10:10 am
[The Court avoids, at least for now, the First Amendment question by instructing the Fifth Circuit to ask the Louisiana Supreme Court to decide whether Louisiana state law even allows negligence liability in the case.] [read post]
23 Apr 2013, 6:11 pm
At issue in the case of Metrish v. [read post]
27 Oct 2015, 11:37 am
The Criminal Justice Standards Commission shall create a policy. [read post]
29 Oct 2013, 11:41 am
Speak only when instructed to do so. [read post]
27 Nov 2006, 9:31 am
Second, we hold that the trial court properly instructed the jury on the reasonable doubt standard of proof. [read post]
25 Jan 2018, 12:24 pm
The district attorney’s office requested the standard two attorney representation in capital cases. [read post]