Search for: "Standard Jury Instructions Criminal Cases"
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4 Dec 2011, 8:18 pm
During oral argument, Justice Corbin reminded the parties of the governing legal standard. [read post]
2 Dec 2011, 2:49 pm
The first standard invites an assessment of what actually happened at trial and what the jury’s actual views of the case were. [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]
2 Dec 2011, 9:28 am
The judge not only told prospective jurors during jury selection, but then again during jury instructions. [read post]
1 Dec 2011, 4:29 am
Supreme Court’s recognition that, on balance, a jury should be presented with the necessary relevant evidence it needs to resolve issues unfamiliar to it, and that any prejudice arising from the so-called “suspect” nature of that evidence can be overcome by vigorous cross-examination and careful instructions. [read post]
30 Nov 2011, 11:05 am
But on the whole, local police captured local criminals, who were charged by local prosecutors and tried before local juries using criminal law standards from the common law that were vague and left considerable discretion to the jury. [read post]
29 Nov 2011, 3:34 pm
The first standard invites an assessment of what actually happened at trial and what the jury’s actual views of the case were. [read post]
29 Nov 2011, 2:20 pm
In spite of statistics showing that eyewitness misidentification is the most common element in all wrongful convictions later overturned by DNA evidence, witness testimony has remained a gold standard of the criminal justice system, according to The New York Times.For the first time in three decades, the validity of using eyewitness testimony has come under review by the Supreme Court in a case involving a New Hampshire man who was convicted of theft based on the… [read post]
29 Nov 2011, 11:53 am
The first standard invites an assessment of what actually happened at trial and what the jury’s actual views of the case were. [read post]
29 Nov 2011, 1:20 am
Who do you think the jury is most likely to follow? [read post]
18 Nov 2011, 1:31 pm
We review a district court's refusal to give an entrapment jury instruction de novo, United States v. [read post]
16 Nov 2011, 7:19 pm
In that case, the Superior Court reviewed the history of the error in judgment rule and held that it was no longer valid in Pennsylvania due to its inconsistency with the "standard of care" analysis utilized in medical malpractice cases. [read post]
16 Nov 2011, 9:00 am
Appellant makes no argument that he was prejudiced by any error in the court’s curative instruction, and, as a result, he has failed to carry his burden of demonstrating that any defect in the curative instruction constitutes plain error.The standard of review for determining whether evidence is sufficient to sustain a conviction does not permit us to reweigh evidence or re-examine the credibility of witnesses. [read post]
16 Nov 2011, 7:39 am
As I discuss in my column, the Ninth Circuit appears to have defied the applicable standards under AEDPA, given the expert testimony that the jury heard at trial and was entitled to believe. [read post]
16 Nov 2011, 5:22 am
Next, the court found that the jury instruction in Montgomery’s case, which was standard at the time, erroneously required the jury to find that “(Defendant) intentionally caused the death of (victim). [read post]
14 Nov 2011, 10:10 pm
Mil: Is harmless error analysis appropriate when the trial court omits multiple elements from a jury instruction on special circumstance murder, and if so, was the error harmless in this case? [read post]
14 Nov 2011, 7:51 am
But here's what it misses: 97% of criminal convictions are plea bargained and never reach a jury trial. [read post]
8 Nov 2011, 12:14 pm
If the State’s possession of this grand jury testimony violates either or both of the Orders or article 20.02(b) or (c) of the Code of Criminal Procedure, then Judge Brown and the grand jury induced that violation by instructing HCDAO court reporters to enter the grand jury room and record the proceedings. [read post]
7 Nov 2011, 7:22 am
Trial Court misapplied "criminal episode" standard of speedy trial rule by placing greater emphasis on ongoing investigation of police, than actions of defendant. [read post]
3 Nov 2011, 11:53 am
Most cases are, by default, in the Superior Court. [read post]
