Search for: "Standard Jury Instructions-Criminal Cases"
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30 Jun 2023, 11:13 am
” Implications of the Court’s Opinion on Online Harassment Cases Going forward, statutes that allow for conviction without demonstrating at least recklessness, or jury instructions that don’t require establishing a specific mental state, are unlikely to withstand constitutional scrutiny. [read post]
1 Mar 2018, 7:06 am
Mississippi, 17-7245 Issue: Whether the death penalty in and of itself violates the Eighth Amendment in light of contemporary standards of decency and the geographic arbitrariness of its imposition. [read post]
11 Jan 2017, 7:19 am
Courts of Appeals for the 1st, 4th, 7th and 9th Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. [read post]
19 Sep 2011, 12:40 pm
The panel rejected Hassoun’s severance argument, noting that the jury selection process went on for four weeks and included jury instructions on pre-trial publicity. 9. [read post]
11 Nov 2014, 6:00 pm
Perfection is an impossible standard in a system that seeks to achieve justice and fairness. [read post]
25 May 2013, 2:14 am
However, part of Florida’s standard jury instruction 3.6(f), Justifiable Use of Deadly Force, instructs the jury that when they “consider the issue of self-defense, they may take into account the relative physical abilities and capacities of the defendant and the victim. [read post]
25 May 2013, 2:14 am
However, part of Florida’s standard jury instruction 3.6(f), Justifiable Use of Deadly Force, instructs the jury that when they “consider the issue of self-defense, they may take into account the relative physical abilities and capacities of the defendant and the victim. [read post]
30 May 2017, 10:34 am
The federal courts of appeal have consistently instructed that 18 U.S.C. [read post]
29 Apr 2007, 10:49 pm
This is where the death penalty is being adopted for sex offenders, the "duty to retreat" before using deadly force is being abandoned, and the Court of Criminal Appeals just got "dope slapped" on the back of its collective head on three death penalty cases. [read post]
17 May 2016, 3:56 am
United Health Services also involved, at least in oral argument, the suggestion by more than one justice that the proper standard might invoke principles from an entirely different area of law – and invoked Hornbook contract law when trying to grasp at a standard for liability. [read post]
27 Aug 2015, 12:51 pm
Fleming as an expert witness, and the trial judge never gave the jury an instruction on how to evaluate the testimony of an expert witness, including an explanation that the jury was free to accept some, all, or none of Fleming’s opinion testimony. [read post]
25 Mar 2012, 2:19 pm
HECTOR MANUEL ROMO-VILLALOBOS, Defendant-Appellant. 11th Circuit.Criminal law -- Burglary -- Jury instructions -- Possession of recently stolen property -- Trial court erred in giving jury instruction that proof of possession of recently stolen property may justify a conviction of burglary -- Where stolen items were found three months after burglary and no proof was presented that defendant had exclusive dominion over stolen property, defendant was free to argue… [read post]
5 Mar 2013, 6:19 am
(2) How many consumer protection cases can we expect out of the mortgage debacle? [read post]
11 Oct 2017, 11:27 am
Considering the evidence in the case and the plain error standard, the court did not find that the admission of the photograph had a probable impact on the jury’s verdict. [read post]
5 Mar 2010, 4:33 pm
Without getting into all the details, the third jury was given a confusing instruction on residency that included both legal standards, and it seems very likely that this was a prejudicial error. [read post]
23 Feb 2017, 12:04 pm
Florida16-6250Issues: (1) Whether a special jury instruction as to Section 790.162, Florida Statutes, that an accused may be convicted of that offense with the “stated intent” to do bodily harm to any person or damage to the property of any person, amounts to an unconstitutional diminishment of the required criminal mens rea or scienter under the United States Supreme Court’s decision in Elonis v. [read post]
16 Jan 2024, 5:01 am
In this case, the government prosecuted Mackey under 18 U.S.C. [read post]
16 Apr 2017, 6:00 am
The most important individual right, trial by jury in criminal cases, was already in the Philadelphia Constitution. [read post]
25 Jun 2012, 8:43 am
The Taser doesn’t change that analysis; pre-existing Graham case law holds that all use of force, deadly or not, is evaluated under that standard. [read post]
5 Aug 2024, 4:00 am
In these cases, Roberts was the commissioner, the umpire, the owner, and the player. [read post]
