Search for: "Standard Jury Instructions-Criminal Cases"
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21 May 2012, 2:15 pm
At its May 24, 2012 Conference, the Court will consider such issues as whether police use of a Taser constitutes excessive force, the evidentiary standard to overcome the presumption of patent validity, and becoming a “fugitive” by challenging, instead of reporting for, deportation. [read post]
23 Jan 2011, 10:03 am
Moreover, in the context of a personal injury trial, the judge reads an instruction to the jury which informs them that, if the victim is found to have violated a safety statute, the jury may infer negligence against that party. [read post]
17 Sep 2019, 4:32 am
A literal reading of the “any evidence” standard in Osborne indicates that this testimony would suffice to send the case to the jury, but that’s a much different situation than the facts in Osborne. [read post]
2 Aug 2007, 9:23 am
Ultimately, the Circuit concluded that the defendant's right of confrontation was violated by the trial court's order disallowing cross-examination on the potential sentence faced by the witness, but that the error was harmless beyond a reasonable in light of significant evidence against the defendants, the fact that the witness's credibility was challenged in other areas, and the fact that the court instructed the jury to view the testimony of a cooperating witness… [read post]
22 Jun 2007, 4:44 am
The difference between criminal and civil searches can be dramatic. [read post]
9 Apr 2015, 5:49 am
As the site also explains, special verdicts are not common in criminal cases involving a jury. [read post]
27 Oct 2019, 1:00 pm
New Report About Negative Lab Results In Georgia DRE Cases. [read post]
1 Apr 2016, 10:22 am
After the appellate court vacated and remanded the bribery conviction because of an erroneous jury instruction, the defendants argued that their acquittal on the conspiracy count created double jeopardy problems for re-trial. [read post]
16 May 2012, 7:29 am
Numerous cases and Florida's standard jury instructions make this clear, as does a plain reading of the statute. [read post]
14 Nov 2023, 9:22 am
It is for the court to explain to the jury the given legal standard or conclusion at issue and how it should be determined. [read post]
19 Sep 2013, 10:03 am
The court also rejected Crabtree's argument that the jury should have gotten an instruction regarding "temporary innocent possession. [read post]
3 Mar 2008, 9:32 am
Sarausad Issue: Whether, on federal habeas review, courts must accept state court determinations that jury instructions fully and correctly set out state law with regard to accomplice liability. [read post]
26 May 2010, 9:10 am
Here, there was no real “ex post facto” error; rather, the error was not instructing the jury that Marcus’s conduct was not unlawful until October 2000. [read post]
15 Sep 2016, 4:05 pm
Dale Cendali (Kirkland & Ellis) explained that you often have seizures in trade mark cases and/or those cases where there is a criminal or close to criminal element. [read post]
5 Oct 2017, 9:45 am
There are two different standards between a criminal case and a civil case. [read post]
27 Mar 2012, 6:00 am
There is evidence for this not just in the structure of the clause, but in grand jury instructions of Wilson and Story, the pronouncements of Marshall, and important judicial and Congressional precedents from the early Republic. [read post]
6 Oct 2008, 4:11 pm
Additionally, the court found a jury instruction referencing "procedural irregularities" was also improper and prejudicial and ordered a new trial. [read post]
4 Jan 2016, 8:21 am
If you accept the premise of the jury's verdict — that the jury found that the Hammonds maliciously burned government land — then the case does not stand out. [read post]
25 Apr 2011, 9:12 am
Since the State did not establish the elements of the inference, it was not entitled to a jury instruction on this element. [read post]
15 Oct 2007, 2:34 am
The jury sends out a note, "We want to hear a portion of a witness's testimony. [read post]
