Search for: "Standard Jury Instructions-Criminal Cases"
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6 Oct 2020, 9:01 pm
”Save Our SonsCritics have expressed outrage at the preponderance standard that President Obama’s Education Department, in a “Dear Colleague” letter, instructed schools to apply to Title IX proceedings. [read post]
24 Jan 2018, 9:22 am
Also, the case examines and interprets fairly “standard” software licensing language in light of evolving business practices in the software industry. [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]
14 Jul 2011, 11:30 am
In fact, all evidence points to the contrary, that this was a knowing and intentional move, with the idea that it might either sneak through or get some tepid and worthless limiting instruction, which the jury would naturally ignore as all juries do once the bell has been rung. [read post]
26 Jun 2011, 8:44 pm
Still working through the various SCOTUS developments and a case from California. [read post]
17 Jul 2015, 11:05 am
For reasons already explained, enforcing the government’s obligations is critical to achieving a level playing field in criminal cases. [read post]
4 Mar 2010, 3:56 pm
His first trial ended in a hung jury. [read post]
1 May 2024, 5:48 am
Weissmann was responsible for the overextension of an obstruction provision in a jury instruction that led the Supreme Court to reverse the conviction in the Arthur Andersen case in 2005. [read post]
2 Oct 2016, 4:32 pm
India The Supreme Court has agreed to examine whether companies can file criminal defamation cases against individuals alleging loss of reputation. [read post]
10 Jul 2022, 8:36 pm
” It is not required to be in the to-convict instruction of a jury trial if “threat” is defined as “true threat. [read post]
3 Apr 2023, 5:45 am
It is accordingly proper, indeed necessary, to evaluate whether the criminal statute at issue is a close match for the alleged conduct in the case. [read post]
15 Oct 2015, 6:01 am
In every case the proper permissions have been obtained. [read post]
19 Dec 2020, 6:38 am
Despite the high bar to prove malice, in the third and final ruling on the case, the judge and jury decided in favour of Mr. [read post]
7 Jun 2022, 12:34 pm
Filing a Motion to Withdraw a DUI Plea in California According to California Penal Code §1018, a defendant in a criminal case has the right to withdraw their guilty plea or no contest plea. [read post]
17 Sep 2014, 10:30 am
Humphrey 13-1345Issue: (1) Whether it is error for a federal appellate court to undertake the same analysis for penalty phase prejudice in capital cases arising from both weighing states, where juries impose death sentences only after determining that aggravating circumstances outweigh mitigating factors, and non-weighing states, where juries are instructed that they may return a sentence less than death for any reason or no reason at all, even after finding a… [read post]
13 Feb 2018, 3:45 pm
The defendant must prove the affirmative defense by a preponderance of the evidence standard. [read post]
25 Aug 2009, 3:25 am
The trial judge had inexplicably instructed the jury on conspiracy, even though the indictment contained no charge for it. [read post]
17 Jul 2017, 8:32 am
Besides, these instructions met even our tough standard because the jury focused on probable cause. [read post]
31 May 2011, 12:00 pm
The jury found for SEB on the induced infringement theory, and the District Court entered judgment for SEB. [read post]
27 Mar 2024, 5:53 am
What will be the jury instructions? [read post]
