Search for: "Standard Jury Instructions Criminal Cases"
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14 Nov 2022, 9:01 pm
Usually, the use of classified information in a federal criminal case is not a problem for prosecutors. [read post]
9 Dec 2009, 10:19 pm
Some Other Day Please: Motion to Continue While Judge Strickland granted the State’s Motion for Determination of New Trial Date, it must be realized that his order only instructed the Clerk to docket the Check Fraud case for “pretrial and trial” – a standard couplet of court dates that are scheduled in all criminal cases. [read post]
28 Jul 2024, 3:23 pm
Supreme Court's professed faith in the power of limiting instructions, see, e.g., Samia v. [read post]
3 Oct 2016, 6:48 am
Garcia instructed the defendant to drive around, and during that time the defendant observed Garcia `make the drop. [read post]
8 Oct 2013, 9:01 pm
Jury selection in death penalty cases is a time-consuming and costly undertaking. [read post]
10 Oct 2008, 3:14 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
19 Nov 2020, 2:56 pm
Illinois Pattern Jury Instruction 5.01 states that, "A person is reckless when he consciously disregards a substantial and unjustifiable risk . . ., and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. [read post]
23 Mar 2023, 1:55 pm
Appellate courts do not like to be rushed, especially in high profile cases. [read post]
6 Oct 2015, 3:05 am
The Second Circuit agreed with Newman and Chiasson, concluding that the jury instructions were improper and that the evidence was insufficient to sustain a conviction. [read post]
9 Oct 2009, 6:25 am
Typical reasons for reversing your conviction or judgment may include: 1) Your conviction was "against the weight of the evidence" introduced at trial; 2) The trial court allowed inadmissible or improper evidence to be used against you; 3) The trial court gave improper jury instructions; 4) The trial judge or prosecutor committed some kind of impropriety; and 5) Juror/Jury bias or irregularity. [read post]
2 Jun 2007, 2:25 pm
In a criminal case, the burden on the prosecutor is to establish the defendant's guilty beyond a reasonable doubt, a much stricter standard. [read post]
2 Jan 2010, 7:06 am
Magg's Inc., PICS Case No. 09-1822 (C.P. [read post]
20 Jun 2011, 1:29 pm
Groups advocating for domestic violence victims joined the case seeking review from the California Supreme Court, arguing the current standard "eliminates accountability for abusers who claim provocation. [read post]
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]
4 Nov 2010, 9:54 am
"It is estimated that DNA would be available and useful in less than 10 percent of all serious cases, and there are many cases where evidence isn't preserved. [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]