Search for: "Standard Jury Instructions-Criminal Cases"
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4 Apr 2023, 6:13 am
On the other hand, criminal defense lawyers might have to go to court for nearly every case they take as there are many mandatory hearings in criminal cases. [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]
2 Apr 2023, 4:50 am
It is far from clear how this case will end. [read post]
24 Mar 2023, 10:20 am
” And the jury was not instructed that “encourage” should be read as anything other than its ordinary meaning. [read post]
23 Mar 2023, 1:55 pm
Appellate courts do not like to be rushed, especially in high profile cases. [read post]
22 Mar 2023, 1:05 pm
Maine has chosen not to have a catchall hearsay exception that allows a case-by-case determination of admissibility based on reliability or trustworthiness. [read post]
21 Mar 2023, 4:40 am
The district court was therefore reversed in full and the case remanded with instructions to consider appointment of counsel for the plaintiff and to permit discovery on both claims. [read post]
16 Mar 2023, 11:59 am
Even then, there is no certainty a jury will acquit. [read post]
11 Mar 2023, 4:38 am
In the case of the Online Safety Bill, arbitrariness is a real prospect. [read post]
27 Feb 2023, 9:01 pm
That decision is correct, but as I shall explain below after describing the somewhat twisted path Cruz’s case took, it exposes an inadequacy in the standard for viewing the “adequacy” of state law grounds for denying federal judicial intervention.Cruz’s Complicated CaseAn Arizona jury found Cruz guilty of murdering a police officer. [read post]
17 Feb 2023, 6:50 am
This produces three interrelated quandaries at the outset of trade secret case: Do the pleadings adequately set forth a cause of action under the familiar Twombly and Iqbal standards? [read post]
11 Jan 2023, 7:19 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
5 Jan 2023, 10:48 am
Knight's criminal trial began on March 8, 2021, with jury selection. [read post]
1 Jan 2023, 4:00 am
As MacPherson J.A., dissenting, correctly observed in the Court of Appeal, the trial judge explicitly instructed the jury to consider Mr. [read post]
27 Dec 2022, 12:43 pm
First, the Commonwealth failed to demonstrate either the credibility of their informant or the credibility of the information, thus violating the Aguilar-Spinelli test, and also that the Commonwealth refused to instruct the jury about the exemption from liability that occurs when individuals have a firearm “in or on their place of business. [read post]
9 Dec 2022, 12:10 pm
While consideration of race or position is not allowed under the law, juries are not aware that they hold these implicit biases, and their reliance on them in decision making tends to benefit police and the prosecution and prejudice the accused, who, in gang-related cases are disproportionately people of color. [read post]
9 Dec 2022, 7:44 am
Such challenges could benefit defendants by prompting a judge to instruct a jury to give less weight to such testimony, to strike the testimony related to that evidence altogether, or even to dismiss the case outright. [read post]
2 Dec 2022, 3:00 am
The draft update introduced new standards for lobbyists regarding shared relationships, political activities, and gifts. [read post]
1 Dec 2022, 12:01 pm
The California Jury Instructions explain gross negligence as a lack of any care or an extreme departure from conduct that a reasonably cautious individual would do in the same situation to prevent harm to themselves or another person. [read post]
14 Nov 2022, 9:01 pm
Usually, the use of classified information in a federal criminal case is not a problem for prosecutors. [read post]
