Search for: "Standard Jury Instructions Criminal Cases"
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14 Feb 2012, 7:51 am
Florida’s criminal defense lawyers may wish to take a moment to review the latest round of Standard Jury Instruction amendments issued by the Florida Supreme Court for criminal cases. [read post]
11 Feb 2012, 9:00 pm
Sometimes criminal defendants win their cases by getting the evidence suppressed. [read post]
4 Feb 2012, 10:04 am
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Attorney's fees -- Attorney appointed to represent indigent defendant in criminal case -- Where case had been determined to be extraordinary and unusual, court departed from essential requirements of law by limiting fee to double the flat fee without considering the number of hours expended in determining whether the fee award was confiscatoryJOSHUA D. [read post]
2 Feb 2012, 10:11 pm
” The opinion closes with a suggestion that the trial courts consider adopting jury instructions that describe in detail the extent to which a juror may not consult outside sources of information, providing in a footnote the language of an exemplary instruction from the State of Colorado. [read post]
30 Jan 2012, 1:03 pm
The petition asks whether Ryan adequately preserved his Skilling challenge to the “honest services fraud” jury instructions in his case. [read post]
30 Jan 2012, 9:29 am
But some chiefs are balking at prescribing neutral witness instructions, as well as using blind administration and presenting photos sequentially. [read post]
18 Jan 2012, 3:01 pm
Pearson's case, the jury verdict form did not use the legal standard for what the person charged with the crime had to know from section 1035. [read post]
16 Jan 2012, 10:02 am
Criminal law -- Attempted murder -- Jury instructions -- Giving of standard jury instruction on attempted manslaughter is not fundamental error in prosecution for attempted first degree murder where defendant is convicted of lesser included offense of attempted second degree murder -- Conflict certifiedJEAN L. [read post]
16 Jan 2012, 5:59 am
Since this is standard language, to give it scope-widening powers would undo the c [read post]
10 Jan 2012, 3:30 pm
Because the unlawful activities of our adversaries can in many cases be fairly characterized both as terrorism offenses under our federal criminal code and violations of the law of war, there will be trial forum choices to be made. [read post]
10 Jan 2012, 1:55 pm
Criminal law -- Attempted second-degree murder -- Jury instructions -- Trial judge's instruction on lesser offense of attempted manslaughter that is virtually identical to the erroneous instruction in Houston v. [read post]
6 Jan 2012, 3:51 am
Jury nullification has been addressed on numerous occasions by Ohio courts, with a unanimous view, as most recently reaffirmed by the 11th District holding several years ago, that a “trial court is not required to provide an instruction on jury nullification,” complementary to the 8th District recent rejection a claim that the trial court had erred by giving the standard instruction that jurors “are not… [read post]
3 Jan 2012, 6:49 am
Marty Lederman and Steve Vladeck provide a comprehensive analysis at Opinio Juris (Part I is here and Part II here). [read post]
30 Dec 2011, 7:27 am
As discussed here, on May 11, 2011, a federal Jury in New York convicted Mr. [read post]
22 Dec 2011, 11:53 pm
Get the jury instruction you want. [read post]
20 Dec 2011, 5:32 am
Because the jury received bad instructions, the high court reversed and remanded for a new trial. [read post]
15 Dec 2011, 9:07 pm
” Instead, on its own motion the court instructed the jury with a standard res ipsa loquitur instruction. [read post]
15 Dec 2011, 7:40 am
The Court noted that the "decision of the Justice Department to disclose the eleven sets of notes in the criminal proceeding has no bearing on whether FOIA permits the SEC to withhold the remaining 103 documents," because the disclosure was based on different legal standards. [read post]
9 Dec 2011, 6:07 am
A principal virtue of Crawford is that it recognizes that the confrontation right, just like the right to counsel and the right to jury, is a basic procedural right that we adhere to as a uniform matter; we do not decide case by case whether it is worthwhile in the particular circumstances. [read post]
8 Dec 2011, 5:57 am
A weaker case, by jury trial standards, but that is the risk the prosecution bears. [read post]
