Search for: "Standard Jury Instructions-Criminal Cases"
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16 Apr 2010, 8:28 am
United States Docket: 09-583 Issue: Whether, in a discrimination case tried by a jury, the trial judge should, if requested to do so, instruct the jury that it may infer the existence of a discriminatory motive from the falsity of a defendant’s explanation of its action. [read post]
11 Sep 2015, 8:00 am
However, it does go further in the civil case given the reduced standard of proof. [read post]
27 Mar 2015, 8:44 am
Gleason 14-452Issue: Whether the Eighth Amendment requires that a capital-sentencing jury be affirmatively instructed that mitigating circumstances “need not be proven beyond a reasonable doubt,” as the Kansas Supreme Court held in this case, or instead whether the Eighth Amendment is satisfied by instructions that, in context, make clear that each juror must individually assess and weigh any mitigating circumstances. [read post]
14 Jun 2011, 6:14 pm
Even more puzzling, to me, is the fact that it seems that Georgia has no standard for proving mitigation in capital cases. [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]
8 Oct 2018, 1:50 pm
Additional Resources: Florida Standard Jury Instructions in Civil Cases, The Florida Supreme Court More Blog Entries: Families Seek Damages for Florida Keys Truck Accident That Killed Four Tourists, Sept. 22, 2018, Fort Lauderdale Personal Injury Attorney Blog The post Busting Florida Personal Injury Law Myths appeared first on Broward Injury Lawyer Blog. [read post]
22 May 2012, 11:23 am
What he had instead was a Court of Criminal Appeals ruling that reversed his conviction based on ineffective counsel and supported a lower court's finding that the evidence against him was too weak for a reasonable jury to convict him. [read post]
6 Jul 2011, 8:50 am
Assertedly Erroneous Penalty Phase Instruction Concerning Jury Unanimity ;” “J. [read post]
21 Apr 2021, 5:01 pm
Therefore, the court reasoned, it wouldn’t have made any difference if his jury had been instructed that they could convict only if they found that Greer knew he was a felon. [read post]
1 Jun 2023, 12:37 pm
" Although in our legal sufficiency review we must view the evidence in the light most favorable to the factfinder, the court of criminal appeals has instructed that, in obscenity cases, we must also "make the independent determination [of] whether the material that is alleged to be obscene is constitutionally obscene. [read post]
16 Jan 2015, 7:52 am
Capital case Christeson earned its sixth relist this week; it asks (1) whether an actual conflict of interest meets the “interests of justice” standard established in Martel v. [read post]
30 Dec 2008, 12:18 pm
Although our standard of review is more deferential, we too conclude that Gonzalez's sentence is grossly disproportionate to his offense. [read post]
14 Jan 2008, 7:58 pm
"I think that's why the courts have relaxed the standards a bit. [read post]
21 May 2015, 8:19 am
§ 2254 that governs review of a state court’s holding that jury instructions could not have reasonably misled the jury on state law; and (2) whether the Sixth Circuit properly found that any alleged error was harmful under Brecht v. [read post]
1 Mar 2014, 4:19 am
As you know, there is no “right” to a jury trial in civil matters, only criminal matters provide that option. [read post]
2 Dec 2011, 1:08 pm
Pursuant to the Florida Supreme Court Standard Jury Instructions, to prove the crime of Lewd or Lascivious Battery, the State must show beyond a reasonable doubt that (1) the victim was 12 years of age or older, but less than 16; and (2) the defendant committed an act with the vicim in which the sexual organ of the defendant penetrated or had union with the mouth of the victim. [read post]
26 Jun 2023, 10:56 am
“I think there needs to be one standard of justice in this country. [read post]
27 May 2011, 7:54 am
The case is State v. [read post]
1 Nov 2006, 10:36 am
" This would equate the standard for civil cases to that for criminal conviction. [read post]
27 Oct 2015, 11:37 am
The Criminal Justice Standards Commission shall create a policy. [read post]
