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16 Feb 2010, 3:36 pm
Every criminal defendant is privi [read post]
16 Feb 2010, 8:34 am
Congress surely meant to proscribe this sort of thing when it enacted the felon-in-possession law. * Court distinguishes this case from a ‘mere proximity’ case or a ‘constructive possession’ case.* Court also found imperfect, but adequate, the jury instructions as to actual possession. [read post]
7 Feb 2010, 9:28 pm
P. 51 requires a litigant to make a timely objection to a jury instruction in order to challenge that instruction on appeal. [read post]
2 Feb 2010, 3:25 am
Criminal defendants enjoy the best week of the new year, with three reversals. [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]
27 Jan 2010, 10:05 am
State: Here, the State tried Wasylina for manslaughter, but requested an instruction on the lesser-included offense of criminally negligent homicide. [read post]
26 Jan 2010, 1:26 pm
Mississippi is procedurally defaulted; 3) defendant's counsel was not ineffective for failing to object to the penalty instructions; and 4) a state court's analysis under Beck was reasonable as it is well established that a lesser-included offense instruction is not required where the facts of a murder so strongly indicate intent to kill that the jury could not rationally have a reasonable doubt as to the defendant'! [read post]
26 Jan 2010, 1:26 pm
Mississippi is procedurally defaulted; 3) defendant's counsel was not ineffective for failing to object to the penalty instructions; and 4) a state court's analysis under Beck was reasonable as it is well established that a lesser-included offense instruction is not required where the facts of a murder so strongly indicate intent to kill that the jury could not rationally have a reasonable doubt as to the defendant'! [read post]
26 Jan 2010, 5:25 am
It continues to amaze me that Texas mandates testing for high-school athletes but not for police officers, though there's a much greater demonstrated problem with the latter than the former.The Junk Science ConundrumJordan Smith at the Austin Chronicle has coverage of the Texas House Criminal Jurisprudence Committee hearing a couple of weeks back on the standards for introducing forensic evidence into court.Jailed in Wichita CountyThe Wichita Falls Times Record News published… [read post]
23 Jan 2010, 1:53 pm
In this recent New Jersey criminal appeal, the Appellate Division reversed the defendant's conviction on other grounds, but declined to rule that the trial judge's refusal to supply the jury with written instructions deprived the defendant of a fair trial. [read post]
17 Jan 2010, 9:00 pm
As is the case with these specific themed editions, it is difficult to fit the square peg of varied blawg posts into the round hole of the topic. [read post]
15 Jan 2010, 2:09 pm
As this case illustrates, it is particularly important for a New Jersey criminal defense lawyer to make sure that the trial court appropriately instructs the jury on the law. [read post]
15 Jan 2010, 11:23 am
Fred Lewis wrote letters requesting that the Florida Supreme Court Committees for Standard Jury Instructions in Civil and Criminal Cases consider “the problem of jurors engaging in electronic communications, research or the use of technology by jurors during a pending case. [read post]
10 Jan 2010, 8:24 pm
Still not sure why the case got moved up to the first of the month. [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]
2 Jan 2010, 7:06 am
Magg's Inc., PICS Case No. 09-1822 (C.P. [read post]
1 Jan 2010, 3:30 pm
Neither police violation of an established obligation nor a denial of due process are prerequisites for a proper adverse inference charge - those criteria apply to the abuse of discretion standard applicable to the appellate court's consideration of the lower court's refusal to give such an instruction; i.e., if the police refusal to record defendant's interrogation violated defendant's due process rights, it would have been an abuse of discretion for the trial… [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]
16 Dec 2009, 8:36 am
The Supreme Court in October clarified standard jury instructions for death penalty cases in response to another recommendation in that study, which found widespread confusion among jurors.Lawyers signing the petition included former Justices Harry Lee Anstead, Arthur England and Gerald Kogan and former American Bar Association President Martha Barnett.D'Alemberte, also a former American Bar Association president, served on the National Advisory Board of the… [read post]
9 Dec 2009, 10:19 pm
Some Other Day Please: Motion to Continue While Judge Strickland granted the State’s Motion for Determination of New Trial Date, it must be realized that his order only instructed the Clerk to docket the Check Fraud case for “pretrial and trial” – a standard couplet of court dates that are scheduled in all criminal cases. [read post]
