Search for: "Standard Jury Instructions Criminal Cases"
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11 Nov 2007, 12:58 pm
This case presents a single issue on appeal: whether a bankruptcy court may retain a case filed in an improper venue under 28 U.S.C. [read post]
12 May 2015, 10:58 am
The lyrics read to the jury were short: “‘About killing, people, you can kill by [illegible]. [read post]
23 May 2010, 8:41 pm
Alabama, should have instructed on lesser included offenses. [read post]
12 Jul 2011, 7:32 pm
The jury gets to decide (except in those states that allow judges some, or total, discretion to overrule jury verdicts in death cases). [read post]
7 Sep 2024, 3:40 am
Roughly 17 percent of state cases and 5 percent of federal cases end in Alford or no contest pleas. [read post]
13 Jan 2009, 12:40 pm
Wager explained at an evidentiary hearing that he took the jury's first-degree murder finding of premeditation to mean that "the jury, in effect, has found [Mirzayance] to be sane" - a mischaracterization of California law. [read post]
13 Jan 2013, 4:09 pm
Perhaps the most striking piece of news this week comes from the criminal courts. [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 May 2017, 1:49 pm
On December 22, 2015, Broca-Martinez was indicted by a grand jury on three counts of conspiring to harbor illegal aliens in violation of 8 U.S.C. [read post]
1 Jan 2018, 7:00 am
So there is no hard-and-fast standard of independence. [read post]
27 Mar 2012, 6:00 am
There is evidence for this not just in the structure of the clause, but in grand jury instructions of Wilson and Story, the pronouncements of Marshall, and important judicial and Congressional precedents from the early Republic. [read post]
27 Oct 2021, 9:15 am
United States, 20-7622, involving whether the Court of Indian Offenses of the Ute Mountain Ute Agency is a federal agency for purposes of a criminal conviction in that court. [read post]
16 May 2023, 7:47 am
” The Court explained that the jury instructions did not sufficiently clarify what conduct was prohibited, and therefore could permit arbitrary and discriminatory enforcement. [read post]
16 Nov 2011, 7:39 am
As I discuss in my column, the Ninth Circuit appears to have defied the applicable standards under AEDPA, given the expert testimony that the jury heard at trial and was entitled to believe. [read post]
18 Mar 2021, 4:00 am
The National Requirement prescribes some areas of required substantive knowledge: (1) foundational common-law principles; (2) ethics and professionalism (3) Canadian constitutional, criminal, and administrative law; and (4) contracts, torts, and property law. [read post]
16 Apr 2019, 12:22 pm
In most criminal cases, both sides roughly agree on which part or parts of the statute bear on the case. [read post]
24 May 2010, 9:10 pm
Marcus, No. 08-1341 (5/24/2010) The circuit court impermissibly water downed the “plain error ” standard. [read post]
4 Feb 2024, 6:29 pm
” After all, the Department of Justice and the grand jury have charged hundreds of individuals in connection with the January 6 attack on the Capitol—some even with “seditious conspiracy” under 18 U.S.C. [read post]
27 May 2010, 10:30 am
Lynaugh, and holding that the Texas “special issue” jury instructions violated Supreme Court precedents requiring that jurors be given the opportunity “to give meaningful consideration and effect to all mitigating evidence that might provide a basis for refusing to impose the death penalty. [read post]
4 Aug 2014, 6:27 pm
[Footnote: Of course, rap lyric evidence that provides direct proof against a defendant -- such as an admission or details that are not generally known and dovetail with the facts of the case -- should be analyzed for relevance under N.J.R.E. 401 and evaluated under N.J.R.E. 403's standard for prejudice, and not the standard for prejudice under a Cofield analysis. [read post]
