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8 Apr 2009, 5:06 am
Standard Death Penalty Challenges: The Court also considered and rejected the various challenges to the death penalty scheme that had been considered and rejected in previous cases. [read post]
6 Apr 2009, 3:30 am
Thus, counsel was not ineffective for failing to request a jury instruction on § 230. . . .People v. [read post]
2 Apr 2009, 8:43 am
He compared the subjective nature of the standard to defendants claiming "self defense" as an affirmative defense in a murder case. [read post]
25 Mar 2009, 8:26 am
" Nevertheless, the court concludes that the jury didn't need to be instructed about 47 USC 230 (which, it sounds like, defense counsel at trial may not have been aware of). [read post]
25 Mar 2009, 1:03 am
The Court granted the State's petition for discretionary review with oral argument in this Dallas County capital murder on the following issue: Criminal jury charges contain "law applicable to the case," and often "defensive issues. [read post]
24 Mar 2009, 1:24 am
The Florida Supreme Court released the following court rule opinions:Opinions Released Mar. 19, 2009SC08_1612 - In re: Amendments to the Florida Rules of Juvenile ProcedureSC08_2176 - In re: Approval of Application for Determination of Indigent Status Form For Use By Clerks and Amendment to Florida Rule of Criminal Procedure 3.984Opinions Released Mar. 5, 2009OP_SC08_1488 - In Re: Standard Jury Instructions In Criminal Cases - Report No. 2008_07… [read post]
23 Mar 2009, 1:26 pm
One count of the conviction is reversed where an error in jury instructions concerning possession of a firearm in furtheranc [read post]
22 Mar 2009, 9:28 am
Whether the defendant is entitled to acquittal or a new trial because the Tenth Circuit, in conflict with the standards applied in other circuits, erred by upholding the jury instructions bearing on the materiality of the type of information at issue, and by holding that there was sufficient evidence that the defendant failed to disclose material information and knew it. 2. [read post]
17 Mar 2009, 6:00 pm
  In California, our standard jury instructions (known as "CACI") include standard admonition language to jurors, and while all of our instructions were re-written not long ago to make them more easily understood, I think juror interest and focus is, shall we say, a little uneven. [read post]
16 Mar 2009, 5:36 pm
Teap knowingly made a false representation in the matter of the principal operator of the vehicle without belief in its truth, or reckless as to its truth, as all parties have agreed that Lexis Holdings has shown that its loss falls within the policy coverage. [17]                        The standard of proof in this case, as with all civil… [read post]
5 Mar 2009, 9:46 am
But Dean, who splits his time between Rowayton and Florida, flew up from the Sunshine State this week to try to persuade state lawmakers to impose higher standards for juries to sentence convicted criminals to death. [read post]
24 Feb 2009, 12:56 pm
Cogan and Jacobs will likely take the opposite approach, poking a few holes in the prosecution's case (like with the chart of Citizens' Alliance Fumo tried to take apart on the standard) but generally sticking to their themes of intent and criminality. [read post]
14 Feb 2009, 2:05 am
The KSC relied on three separate grounds for reversal: clear error for a giving a foreseeablility instruction in a premeditated murder case, clear error regarding an improper supplemental instruction given to the jury during deliberations after the jury indicated it was split on one count, and ineffective assistance of trial counsel for failure to subpoena key witnesses. [read post]
9 Feb 2009, 8:20 am
The court of inquiry - essentially a grand jury by judge - allowed the airing of Tim's case and a legal finding. [read post]
3 Feb 2009, 4:03 pm
  Gillen Withers & Lake LLC are white collar and corporate criminal defense attorneys with an outstanding reputation and track record, handling cases throughout Georgia and the nation. [read post]
26 Jan 2009, 9:19 pm
Macy, had gone into the jury room while deliberations were taking place and did not give jury members sufficient instructions about how to decide the case. [read post]
26 Jan 2009, 8:41 am
The district court gave a limiting instruction to the jury after the impeachment and at the final charge. [read post]
26 Jan 2009, 1:45 am
 A2534 Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor No Same asLast Act: 01/20/09 referred to codesA2535 Calhoun (MS) -- Allows juvenile offenders be prosecuted as an adult for certain felony gun possession offenses No Same asLast Act: 01/20/09 referred to codesA2551 Gantt (MS) -- Proscribes conduct constituting the criminal impersonation of certain emergency personnel No… [read post]
21 Jan 2009, 9:00 pm
The Washington State trial and appellate courts rejected his argument that the accomplice liability jury instruction in this murder case was unconstitutionally unambiguous. [read post]