Search for: "Standard Jury Instructions-Criminal Cases"
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13 Nov 2016, 4:00 am
C.K-D., 2016 SCC 41 (36877) Judgment rendered Oct. 18, 2016 Justice Wagner: “The trial judge’s charge to the jury as a whole conveyed the correct instruction to the jury on the proper approach [as to how a young person’s evidence is to be considered] to assessing A.Y. [read post]
20 Aug 2006, 12:44 pm
Supreme Court opinions - especially in the realm of jury instructions, deficient performance of counsel (when IAC is not vigorously rooted out it is permitted to fester so that the standard of care is so degraded that ineffective assistance of counsel becomes the norm in some counties and states), failure to expeditiously move cases in many locales, and the persistently nagging problems relating to discovery violations.The fall out from the NSA wiretapping… [read post]
14 Apr 2007, 3:05 pm
The "standard of reasonableness ... is an objective one, ... [read post]
26 Sep 2018, 1:27 pm
And our criminal copyright law has such a low threshold that it criminalizes the behavior [read post]
27 Aug 2015, 10:57 pm
Suppression of material evidence generally leads to an acquittal or dismissal of the criminal charges or other favorable outcome in case for the defendant. [read post]
18 Feb 2015, 1:30 pm
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]
25 May 2018, 6:41 am
The last four new relists consist of two sets of related criminal cases arising out of states whose names begin with the letter O. [read post]
31 Jul 2009, 5:32 pm
The Court disagreed: the jury in this case was instructed that it must find beyond a reasonable doubt both that the victim was a resident of Michigan and that Gayheart “committed some act toward the commission of the crime while within the State of Michigan. [read post]
17 Jan 2007, 9:58 am
(link to cases): For publication opinions today (8): In Jill Scott v. [read post]
4 Sep 2007, 2:47 am
"To view the full-text of cases you must sign in to FindLaw.com. [read post]
25 Jul 2024, 12:29 pm
From a federal criminal defense perspective, both individuals and businesses need to know that the procedure followed by the IRS CI is standardized and can be considered as a process. [read post]
2 Jun 2019, 8:10 am
Supreme Court in the case of Bobby Moore, convicted and sentenced to death for the April 1980 murder of a 70-year-old employee of the Birdsall Super Market in Houston, which forcefully instructed the Texas Court of Criminal Appeals, and by proxy the Texas Legislature, that the state cannot execute the intellectually disabled Moore. [read post]
14 Nov 2016, 9:59 am
The conversation was very cryptic and Woods immediately instructed defendant not to use any names. [read post]
26 Mar 2018, 6:09 pm
Each of the loan contracts contains an identical Waiver of Jury Trial and Arbitration Provision. [read post]
23 Feb 2011, 12:06 pm
The quirk about the case was that the trial court gave a jury instruction which tracked the law in the now-overruled, supposedly objective and morally shorn People v. [read post]
13 Aug 2009, 3:26 am
In some cases, such evidence is dispositive. [read post]
State v. Huey: Repeatedly Insinuating that the Defendant Was a Liar Was Improper but Not Prejudicial
3 Oct 2017, 11:13 am
The standard of review. [read post]
11 Jan 2011, 8:50 am
Based on this, the record supports the jury’s findings on aggravating factors for sentencing. [read post]
18 Feb 2011, 1:38 am
§ 2246 limit the admissibility of hearsay in a habeas corpus case challenging indefinite imprisonment, potentially for life; (2) whether a preponderance of the evidence standard, rather than a clear and convincing evidence standard, is sufficient under the Due Process Clause of the Constitution and 28 U.S.C. [read post]
27 May 2019, 8:51 pm
Possessing less than five items would be a state jail felony, five to nine items would be a third degree felony, 10 to 49 items would be a second degree felony, and 50 or more items would be a first degree felony.Link: HB 2625House Bill 1279 - Changing Parole Eligibility Jury InstructionAwaiting Signature of the GovernorHB 1279 changes the language to be used in a jury instruction in the punishment phase of a criminal jury trial removing the language… [read post]
