Search for: "Standard Jury Instructions Criminal Cases"
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17 May 2012, 10:24 am
The case is instructive on not only the legal issues it addresses – among them, federal habeas review, the admissibility of evidence, and the confrontation clause – but also on the motivations and allegiances of the judges that comprise our Circuit.A Michigan jury convicted Lewis Gagne of two counts of first-degree criminal sexual misconduct. [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]
13 May 2012, 5:52 pm
Three bedrock principles in every criminal case are the presumption of innocence, the burden of proof, and the standard of proof beyond a reasonable doubt. [read post]
10 May 2012, 7:58 am
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [read post]
10 May 2012, 7:58 am
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [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]
9 May 2012, 1:16 pm
Since AZ DUI Laws do not define this standard, alternative jury instructions were provided by the court in Arizona v. [read post]
6 May 2012, 10:25 am
The military commission has been referred a case, and it must try that case. [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]
18 Apr 2012, 7:07 am
The court ultimately decided that this case falls short of that standard. [read post]
17 Apr 2012, 1:23 pm
Whether the Navy-Marine Corps Court of Criminal Appeals erred in reviewing the implied bias issue de novo, rather than reviewing the implied bias issue under the standard of “less deference than abuse of discretion but more deference than de novo” as set forth in U.S. v. [read post]
10 Apr 2012, 6:42 am
In civil trials, unless the trial judge made a legal error — like allowing in prejudicial evidence, excluding probative evidence, or giving a flawed jury instruction — then the verdict will almost always stand on appeal. [read post]
3 Apr 2012, 1:00 pm
As Attorney General Holder said last month, the unlawful activities of our adversaries can in many cases be fairly characterized both as terrorism offenses under our federal criminal code and as violations of the law of war. [read post]
30 Mar 2012, 11:21 pm
They assert that the trial judge in Cox's case erred in instructing the jury and failed to extend to Cox the free speech protections we all should enjoy — that Padrick was not held to the right standard of proof in proving her intent in writing false things about him. [read post]
27 Mar 2012, 8:59 pm
United States, 164 U.S. 493, 502 (1896), involved a victim who was on someone else’s property; there, the Court upheld a jury instruction in favor of a duty to retreat. [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]
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]
25 Mar 2012, 2:19 pm
HECTOR MANUEL ROMO-VILLALOBOS, Defendant-Appellant. 11th Circuit.Criminal law -- Burglary -- Jury instructions -- Possession of recently stolen property -- Trial court erred in giving jury instruction that proof of possession of recently stolen property may justify a conviction of burglary -- Where stolen items were found three months after burglary and no proof was presented that defendant had exclusive dominion over stolen property, defendant was free to argue… [read post]
15 Mar 2012, 9:59 am
The 11th District Court of Appeals (Eastland) held that the trial judge erred in refusing to give the LIO instruction: [T]he jury rationally could have found Goad guilty only of criminal trespass because the jury could have believed that Goad was looking only for his dog. [read post]
