Search for: "Standard Jury Instructions Criminal Cases"
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7 Apr 2011, 11:32 am
Dreis & Krump Mfg., 67 N.Y.2d 328, 337, 502 N.Y.S.2d 696, 701, 493 N.E.2d 920, 925 (1986) (noting that industry standards are not dispositive in a negligence action and that the jury should have been instructed to consider industry standards along with all other evidence presented). [read post]
1 Apr 2011, 5:27 am
” One judge in a recent case, though, couldn’t leave it alone, providing in the jury instructions “examples” of reasonable doubt such as “whether one cal tell what a jigsaw puzzle will show despite some missing pieces. [read post]
29 Mar 2011, 12:59 pm
Finding that the absence of such an instruction may have affected the verdict, as the jury could not find that Mr. [read post]
28 Mar 2011, 2:15 pm
Nava was involved in some criminal activity outside of a bank. [read post]
28 Mar 2011, 12:00 am
The worst case really has not happened. [read post]
23 Mar 2011, 8:58 pm
We do not have cases from a the [sic] standards [sic] first appearances delineating why it was being used. [read post]
22 Mar 2011, 6:12 am
In criminal cases, the state’s proof must be more powerful than that: It must be beyond a reasonable doubt. [read post]
14 Mar 2011, 12:52 pm
And, accordingly, instructed the jury:“Ladies and gentlemen of the jury, before I give you your final set of instructions, I need to clarify certain matters.As I told you before, statements that the attorneys make during argument [are] not evidence. [read post]
14 Mar 2011, 2:31 am
Second, there is a post about the French criminal libel case brought against the editor-in-chief of the European Journal of International Law (EJIL) and its associated Book Review website www.GlobalLawBooks.org over a book review. [read post]
8 Mar 2011, 9:43 am
Hernandez-Guerrero’s criminal history score. [read post]
7 Mar 2011, 12:32 pm
Specifically, beginning in 1981, the Florida Supreme Court began adopting and publishing Standard Jury Instructions that were to be used in all all criminal cases. [read post]
7 Mar 2011, 3:41 am
And that's to be determined by - here's Sotomayor.In making the primary purpose determination,standard rules of hearsay, designed to identify some statements as reliable, will be relevant. [read post]
25 Feb 2011, 1:26 pm
This edition of “Petitions to watch” features cases up for consideration at the Justices’ February 25 conference. [read post]
24 Feb 2011, 7:41 am
GINN, III, Defendants-Appellees, GINN FINANCIAL SERVICES, et al., Defendants. 11th Circuit.Employer-employee relations -- Family and Medical Leave Act -- Interference with FMLA rights -- District court correctly found that employee's Department of Labor complaint did not bar her from filing civil action against employer for interfering with her statutory right to request medical leave and for firing her in retaliation for her protected leave request in violation of FMLA -- Agency regulations… [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]
21 Feb 2011, 11:05 am
(Eugene Volokh) The case is State v. [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]
14 Feb 2011, 9:38 am
The jury instruction error is of no legal consequence. [read post]
10 Feb 2011, 12:56 pm
A lawyer sleeping during court testimony does not meet this standard. [read post]
8 Feb 2011, 11:16 am
Johnson’s motive or intent and instructed the jury on the limits of its use. [read post]