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10 May 2012, 6:15 am by Jeralyn
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]
8 Oct 2013, 3:01 pm by Yael Vias Gvirsman
It is, therefore, in this context relevant and instructive to note that the ECtHR in the case of Al Khawaja and Tahery, decided on 15 December 2011, considered and expressly rejected a similar view as that put forward by the Defence in this case. [read post]
24 Mar 2023, 10:20 am by Amanda Shanor
” And the jury was not instructed that “encourage” should be read as anything other than its ordinary meaning. [read post]
28 Nov 2015, 4:07 pm by INFORRM
The case was decided on the issue of the jury direction in the context of criminal law. [read post]
27 Nov 2006, 9:31 am
Second, we hold that the trial court properly instructed the jury on the reasonable doubt standard of proof. [read post]
9 May 2014, 5:50 am by Joy Waltemath
” It noted that the concept of practical significance cannot be precisely defined and courts find it difficult to apply an elusive, know-it-when-you-see-it standard, let alone instruct a jury on how to do so. [read post]
22 May 2014, 1:48 pm
Circuit precedent regarding access to grand jury-related materials. [read post]
23 Sep 2011, 3:50 am by Russ Bensing
  And that’s why, if you try criminal cases, you absolutely have to have a copy of the 6th District’s decision last week in State v. [read post]
21 Jun 2010, 2:45 am by SHG
In a criminal case, the proof of guilt must be stronger than that. [read post]
30 Jun 2014, 6:01 pm by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
6 Jul 2017, 12:29 pm by Matthew Kahn
He cites to a series of federal cases holding that the principle of public access does not extend to a deposition taken under the Federal Criminal Rule of Procedure 15(a). [read post]
14 Jan 2016, 11:43 am by John Elwood
Fair Labor Standards Act (FLSA) statutory interpretation cases have been in Fashion in recent Terms, and Encino Motorcars, LLC v. [read post]
16 Jul 2012, 1:05 pm by Andrew Stine
The State began submitting its case in chief to the jury on July 9, 2012. [read post]
6 Sep 2011, 2:00 pm by admin
Counsel’s demonstrated lack of basic comprehension of criminal law and procedure through her persistent frivolous conduct at multiple stages of the proceeding, including, among other things, pretrial motion practice, a purported interlocutory appeal, the suppression hearing, requests for jury instructions, post trial motions and sentencing. [read post]
26 Sep 2009, 7:52 am
Washington Issue: Whether the Double Jeopardy Clause prohibits retrial on a charge when a jury instructed in this manner does not return a verdict on it but finds the defendant guilty of a less serious offense. [read post]
14 Sep 2009, 2:24 pm
Simmons, given that his original sentencing was premised on the theory that the death penalty was permissible and as such, the jury was instructed on the mitigating sentence of life without parole? [read post]
17 Jul 2012, 12:54 pm by Matt Murphy
 This is the standard of proof Georgia created when instructed not to execute the mentally retarded in Aktins v. [read post]
14 May 2021, 9:44 am by Eugene Volokh
The judge instructed the jury on self-defense as applied to all charges except the endangering charge. [read post]