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9 Oct 2009, 6:25 am
Typical reasons for reversing your conviction or judgment may include: 1) Your conviction was "against the weight of the evidence" introduced at trial; 2) The trial court allowed inadmissible or improper evidence to be used against you; 3) The trial court gave improper jury instructions; 4) The trial judge or prosecutor committed some kind of impropriety; and 5) Juror/Jury bias or irregularity. [read post]
28 Sep 2009, 3:48 am
It is a concept we attempt to explain in text books, classroom lectures and discussions, opening statements, closing arguments and jury instructions. [read post]
26 Sep 2009, 7:52 am
Washington Issue: Whether the Double Jeopardy Clause prohibits retrial on a charge when a jury instructed in this manner does not return a verdict on it but finds the defendant guilty of a less serious offense. [read post]
21 Sep 2009, 10:36 am
District Court Judge Jack Weinstein, after a jury found a Credit Suisse broker guilty of securities fraud, in considering what sentence to impose, instructed lawyers on both sides to put the defendant's acts in the context of "how pernicious and pervasive was the culture of corruption" on Wall Street that "brought our financial system to its knees. [read post]
18 Sep 2009, 7:50 am
The Iowa Supreme Court's charge was merely to determine, given the jury instructions as the law of the case, was there enough evidence provided to the jury to convict Canal. [read post]
14 Sep 2009, 2:24 pm
Simmons, given that his original sentencing was premised on the theory that the death penalty was permissible and as such, the jury was instructed on the mitigating sentence of life without parole? [read post]
10 Sep 2009, 1:58 am
But subjects who were instructed to apply a standard reflecting one or another of these "reform" standards were as likely (around 45%) to find the Berkowitz defendant innocent as subjects instructed to apply the traditional common law definition. [read post]
10 Sep 2009, 1:27 am
Koenig, Do Jurors Understand Criminal Jury Instructions? [read post]
10 Sep 2009, 1:27 am
Koenig, Do Jurors Understand Criminal Jury Instructions? [read post]
10 Sep 2009, 1:27 am
Koenig, Do Jurors Understand Criminal Jury Instructions? [read post]
25 Aug 2009, 3:25 am
The trial judge had inexplicably instructed the jury on conspiracy, even though the indictment contained no charge for it. [read post]
23 Aug 2009, 3:32 pm
Donald’s widow, Wendy Creech, brought this suit, alleging that the hospital staff violated the standard of care in administering such a large amount of Dilaudid to Donald when he suffered from sleep apnea. [read post]
14 Aug 2009, 3:58 am
The judge threw out the verdict, though, deciding he’d given the wrong jury instruction. [read post]
13 Aug 2009, 3:26 am
In some cases, such evidence is dispositive. [read post]
11 Aug 2009, 3:45 am
A couple of good criminal decisions, a couple questionable ones, and I’ll even talk about a civil case this week, as I wade through the two dozen or so decisions handed down by the 8th last week. [read post]
10 Aug 2009, 9:16 am
Two of those officers are of concern in this case. [read post]
31 Jul 2009, 5:32 pm
The Court disagreed: the jury in this case was instructed that it must find beyond a reasonable doubt both that the victim was a resident of Michigan and that Gayheart “committed some act toward the commission of the crime while within the State of Michigan. [read post]
28 Jul 2009, 12:58 pm
It is the prosecutor that presents all of the evidence and instructs the grand jury on the law. [read post]
21 Jul 2009, 9:20 am
" The Court also noted that the district court gave limiting instructions to the jury. [read post]
6 Jul 2009, 12:56 am
" Federal Criminal Jury Instructions of the U.S. [read post]
