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22 Oct 2011, 5:40 pm
STATE OF FLORIDA and DEPARTMENT OF JUVENILE JUSTICE, Respondents. 4th District.Criminal law -- Second degree murder -- Evidence -- Sufficiency -- Defendant convicted of second degree murder for the shooting deaths of two victims after the victims and several others had surrounded defendant, defendant and victim began cursing at one another, and one victim struck defendant after being encouraged by second victim -- Evidence warranted conviction for manslaughter but was insufficient to sustain… [read post]
6 Apr 2009, 3:30 am
Thus, counsel was not ineffective for failing to request a jury instruction on § 230. . . .People v. [read post]
22 Oct 2017, 6:29 am
Even though the defendant has been arrested and charged with felony conduct, these are only allegations and defendant is presumed innocent unless and until she is found guilty in a court of law beyond a reasonable doubt by a judge or jury as that is the required standard of proof in a criminal case. [read post]
1 Aug 2014, 9:00 am
Yes, juries are instructed to abide to this fundamental maxim as the only way a person is granted a fair trial. [read post]
21 Feb 2011, 11:05 am
(Eugene Volokh) The case is State v. [read post]
20 Apr 2009, 5:04 am
Under both the Hudood and standard criminal codes, there are bailable and nonbailable offenses. [read post]
30 Jan 2017, 5:52 am
Diamond, supra.The court goes on to explain that the Fifth Amendment provides that no person `shall be compelled in any criminal case to be a witness against himself. [read post]
16 Sep 2011, 3:41 pm
[T]he trial court erred by refusing to give [defendant’s] tendered jury instructions regarding the affirmative defense of the right to bear arms. [read post]
17 Jun 2015, 8:00 am
Instead, cases turn on the use of reasonable care. [read post]
4 Aug 2016, 9:01 pm
So this was a question for a jury to determine. [read post]
10 Apr 2011, 4:04 pm
It is considered to be a part of the original criminal case, not a separate proceeding. [read post]
18 Jul 2021, 7:37 am
Numero uno es a criminal case where defendant appeals convictions for unlawful restraint, unlawful trespass, and obstruction of justice. [read post]
11 May 2020, 1:09 am
This judicial response was, of course, the standard one before the 1993 Daubert decision, but Justice Blackmun’s opinion kept it alive in frequently quote dicta: “Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence. [read post]
12 May 2009, 12:56 am
Given this new technological reality, counsel and judges have adapted jury instructions that include specific charges against blogging or posting online comments about a pending trial. [read post]
1 May 2020, 7:53 am
The government argues for a more stringent standard for subpoenas in cases involving the president. [read post]
31 Aug 2020, 10:39 am
” Criminal defense attorneys also know how juries are instructed to gauge a defendant’s claim of self-defense and have experience walking clients through the entire judicial process from beginning to end. [read post]
4 Nov 2016, 8:09 pm
There are so many moving parts, so many players, and not to mention the legal equivalent of a Russian nesting doll—grand jury leaks about grand jury leaks. [read post]
8 Mar 2016, 8:32 am
If the violation is bad enough and a warrant has already been issued, our office instructs the violators to turn themselves into the jail. [read post]
8 Mar 2016, 8:32 am
If the violation is bad enough and a warrant has already been issued, our office instructs the violators to turn themselves into the jail. [read post]
3 Dec 2017, 9:15 am
The State’s burden of proof is by a “preponderance of the evidence” (more likely than not), whereas in a criminal case it is to the much higher standard of “beyond a reasonable doubt. [read post]
