Search for: "Standard Jury Instructions Criminal Cases"
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20 Jul 2023, 5:01 am
In this case, the Commonwealth deferred to the trial court's decision to instruct the jury that any conviction must satisfy the Miller standard, i.e., a recognized exception to the First Amendment's prohibition against criminalizing speech. [read post]
24 Jan 2007, 10:18 pm
Rptr. 170 (Feb. 2006), the presumption of reasonableness itself is a powerful argument for the reasonable doubt standard as a matter of Fifth Amendment law, especially in light of the Supreme Court's law on presumptions in criminal cases. [read post]
27 Oct 2010, 11:30 am
Once the 9th found that there was a right of appeal, it denied defendant relief on his appeal issues, where he argued that the indictment should have been dismissed, the jury should have been instructed on wilfulness, and he should have been allowed to raise a diminished capacity defense. [read post]
22 Mar 2009, 9:28 am
Whether the defendant is entitled to acquittal or a new trial because the Tenth Circuit, in conflict with the standards applied in other circuits, erred by upholding the jury instructions bearing on the materiality of the type of information at issue, and by holding that there was sufficient evidence that the defendant failed to disclose material information and knew it. 2. [read post]
17 May 2013, 11:19 am
The State raised two issues: (1) that the court of appeals erroneously used a subjective standard to assess whether defense counsel was ineffective; and (2) under an objective standard, counsel could not be held ineffective for failing to request a mistake-of-fact instruction because the State had to prove that appellant knew the money was forged as an element of its case. [read post]
24 Jun 2015, 4:44 pm
United States threw out the jury instruction used in that case but left the door open to an instruction based on "recklessness," which will, I believe, get to the same result in nearly all cases. [read post]
4 Feb 2013, 9:01 pm
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
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
A weaker case, by jury trial standards, but that is the risk the prosecution bears. [read post]
18 Feb 2022, 2:30 pm
" (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]
15 Jan 2008, 1:50 pm
Upton, No. 07-1456 Conviction and sentence on drug and weapons charges are affirmed over defendant's challenges to: 1) the voluntariness of his Miranda waiver; 2) the admission of a police officer's expert and lay testimony; 3) the district court's denial of certain jury instructions; and 4) his status as an Armed Career Criminal. [read post]
27 Mar 2015, 9:55 am
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]
2 Oct 2006, 9:31 am
The jury recommended death by a vote of 7-5. [read post]
22 May 2017, 7:07 pm
In most criminal statutes, the offense is graded to be appropriate to the least severe act that is covered by the offense. [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
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
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
We look forward to having an impartial jury consider this superseding indictment and the evidence in this case as soon as possible. [read post]
3 May 2012, 2:15 pm
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]
