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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]
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]
23 Jun 2008, 8:39 am
Categories included: Corrections Law, Criminal Procedure Law, Death Penalty, Judiciary Law, Penal Law. [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]
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]
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]
25 Jul 2013, 4:30 am
In one 2007 case, a court in Saga prefecture acquitted a man who confessed to three murders following seventeen days of ten hour-plus grilling by the local constabulary. [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]
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]
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]
4 Mar 2010, 3:56 pm
His first trial ended in a hung jury. [read post]
3 Jun 2024, 9:00 pm
But, unlike criminal practice (except in rare cases) civil counsel faces the very real threat of a malpractice suit if counsel is negligent in their representation. [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]
