Search for: "Standard Jury Instructions Criminal Cases"
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10 Nov 2021, 12:28 pm
Judicial willingness to issue a specific jury instruction on the availability of a “good faith” defense similarly varies. [read post]
3 Jul 2019, 7:01 am
(ii) The defendant also requested a special jury instruction that paraphrased a passage from State v. [read post]
17 Jan 2007, 7:49 am
Texas [Duke Law case backgrounder; merit briefs], 05-11304, where the court must decide whether the Texas Court of Criminal Appeals was correct to apply a "daunting standard of harm ('egregious harm')" in correcting the constitutional violation found by the Supreme [read post]
21 Apr 2011, 11:15 am
” The Court sent the case back to the lower courts to reconsider allowing jury instructions regarding such a defense. [read post]
4 Dec 2012, 11:37 am
However, clear and convincing evidence is lower than the beyond a reasonable doubt standard used in criminal cases. [read post]
7 Feb 2020, 3:45 am
In short, the appellant contended that the Senior Coroner incorrectly instructed the jury as to the applicable standard of proof of suicide: a conclusion of suicide (even a narrative conclusion of suicide) can only be reached by application of the criminal standard of proof. [read post]
29 Apr 2011, 7:54 pm
In criminal matters a jury is only instructed to reach a guilty verdict if they have no reasonable doubts at all about the person’s guilt. [read post]
1 Oct 2020, 12:14 pm
Justice Newby dissented, stating his view that the trial court’s jury instructions, which included a general transferred-intent instruction but not the specific instruction requested by the defendant, enabled the defendant to make the jury argument he desired. [read post]
7 Jan 2010, 2:18 pm
In a criminal case, the burden, (or required standard), of proof is "beyond a reasonable doubt. [read post]
6 Jul 2011, 5:31 am
Standard Florida jury instructions provide as follows (emphasis added):A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. [read post]
5 Dec 2016, 9:20 am
Whether to admit expert testimony under these standards “is within the trial court’s discretion. [read post]
5 Dec 2016, 9:20 am
Whether to admit expert testimony under these standards “is within the trial court’s discretion. [read post]
29 Apr 2014, 3:13 pm
The case presents two questions: (1) Whether the Sixth Circuit violated the Anti-Terrorism and Effective Death Penalty Act by granting habeas relief because a Kentucky trial court refused to issue an instruction to the jury telling it not to draw adverse inferences from the defendant’s silence at the sentencing phase in a death penalty case; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. [read post]
29 Apr 2014, 3:13 pm
The case presents two questions: (1) Whether the Sixth Circuit violated the Anti-Terrorism and Effective Death Penalty Act by granting habeas relief because a Kentucky trial court refused to issue an instruction to the jury telling it not to draw adverse inferences from the defendant’s silence at the sentencing phase in a death penalty case; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. [read post]
23 Sep 2021, 2:12 pm
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
8 May 2013, 4:38 am
Florida Standard Jury Instructions in Criminal Cases. [read post]
25 Apr 2007, 9:17 am
The Court reversed the Texas Court of Criminal Appeals' ruling that reinstated the death sentence of a Dallas man, LaRoyce Smith; the state court had applied a new harmless error standard under state law. [read post]
7 Feb 2015, 12:01 am
The Seventh Amendment establishes the right to a trial by jury whenever the case is one that would have required a jury at common law. [read post]
30 Oct 2012, 11:30 am
If the prosecutor fails to prove every element beyond a reasonable doubt, the jury will be instructed to make a finding of ‘not guilty. [read post]
31 Dec 2009, 4:40 pm
The case also presents an unrelated question regarding what a defendant must do to object to an erroneous jury instruction. ------- Title: Weyhrauch v. [read post]
