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26 May 2017, 6:29 am
Langford, 16-886 Issues: (1) Whether a state court unreasonably applied this court’s cases under Section 2254(d)(1) when it held that a misplaced adverb in one jury instruction on state law did not violate federal due process; and (2) whether the U.S. [read post]
27 Sep 2010, 8:42 pm
As to the remaining issues raised by the defendant, we agree with the Court of Criminal Appeals’s conclusions and attach as an appendix to this opinion the relevant portions of that court’s decision. [read post]
5 May 2024, 6:44 pm
Standards for Lawyers’ RightsWith this purpose in mind, it is important to quickly note the international standards and Hong Kong’s international obligations for protecting lawyers. [read post]
14 Jun 2010, 7:53 pm
The jury could have convicted you and sentenced you to die, anyway. [read post]
24 Apr 2015, 7:10 am
Washington because the court did not appreciate the prejudice inherent to Appellant from the absence of a jury instruction defining heat of passion given that the instruction was crucial to Appellant's defense. [read post]
14 Oct 2008, 7:54 am
Nonetheless, because strong public policy reasons continue to exist to admit evidence of uncharged misconduct in sexual assault cases more liberally than in other cases, we will maintain the liberal standard, but do so as a limited exception to the prohibition on the admission of uncharged misconduct evidence in sexual assault cases to prove that the defendant had a propensity to engage in aberrant and compulsive criminal sexual behavior. [read post]
24 Jul 2023, 2:17 pm
The alleged lie forming the basis of the perjury charge may have been told before a grand jury; in a separate criminal proceeding; or any type of civil matter. [read post]
4 Apr 2016, 2:35 pm
Gregory, supra.The court then noted that the case went to a jury trial, at whichUnger testified that, in July 2010, he did a well-being check on defendant at defendant's parents' home in Oswego, during which he convinced defendant to go to the hospital for a psychological evaluation. [read post]
8 Jan 2024, 5:33 pm
Individuals charged with OWI can challenge the accuracy of the sobriety tests results in court by providing evidence that they were not administered in a standardized way or that environmental conditions prevented them from completing them as instructed. [read post]
1 Feb 2019, 6:29 am
Paradis further noted that in Lijeberg the Supreme Court even vacated the findings of a jury after a significant criminal trial already occurred. [read post]
4 Oct 2021, 3:30 pm
ShareThe Supreme Court will hear argument on Tuesday in an important case on the rights of criminal defendants under the Sixth Amendment’s confrontation clause. [read post]
17 May 2023, 9:01 pm
The Court held that the jury instructions in this case, drawn from the Second Circuit’s Margiotta decision, were “too vague. [read post]
25 Oct 2022, 5:20 am
However, I know of no case that would impose this affirmative duty on Trump as a criminal legal matter. [read post]
21 Jun 2010, 9:14 pm
An unusually large amount of cases, many favorable. [read post]
31 Jul 2008, 3:02 am
In its opinion, the court wrote: “The established safeguards of the Anglo-American legal system leave the veracity of a witness to be tested by cross examination, and the credibility of his testimony to be determined by a properly instructed jury. [read post]
1 Feb 2010, 10:31 am
The state court based this on the transcript, which showed one time trial counsel requested and received time to consult with his client, and also showed that the judge read to Palmer, and later to the jury, the instruction on a criminal defendant’s election not to testify. [read post]
8 May 2024, 4:26 am
Merchan said that he is considering a limiting instruction for the jury to ignore aspects of the testimony. [read post]
11 Aug 2009, 3:45 am
A couple of good criminal decisions, a couple questionable ones, and I’ll even talk about a civil case this week, as I wade through the two dozen or so decisions handed down by the 8th last week. [read post]
26 Jun 2016, 5:11 pm
The Arizona jury instructions for stalking charges may be subject to revisions after the new amendments become effective. [read post]
24 Aug 2023, 2:50 pm
The standard jury instruction acknowledges that Florida's district courts of appeal have adopted different definitions of the word. [read post]
