Search for: "Standard Jury Instructions-Criminal Cases"
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16 Jan 2011, 2:50 pm
That’s because the subpoena was accompanied by an apparently standard gag order, preventing Twitter from revealing the fact of the subpoena even to those who account information was sought: To Twitter’s credit, the company didn’t just open up its database, find the information the feds were seeking (such as the IP and e-mail addresses used by the targets) and quietly continue on with building new features. [read post]
30 Jul 2016, 7:50 pm
Refusing to find the error harmless under this standard, the Ninth Circuit reversed the denial of the suppression motion with regard to the cell phones found in the defendant’s car, and remanded the case for further proceedings. [read post]
20 Feb 2018, 2:04 pm
Legal proceedings have a defined burden of proof, with criminal cases requiring the state to prove guilt “beyond a reasonable doubt. [read post]
19 Jan 2014, 2:16 pm
But Judge Hernandez incorrectly instructed the jury on the law, so they didn't know what standard should govern their decision. [read post]
4 Oct 2021, 9:37 am
And they have instructed that content-based speech restrictions falling outside of the recognized exceptions are subject to strict scrutiny. [read post]
15 Apr 2024, 11:44 am
Defense attorneys filed an emergency motion for a new trial and release last month, arguing that the jury instructions could lead to a non-unanimous verdict. [read post]
15 Apr 2024, 11:44 am
Defense attorneys filed an emergency motion for a new trial and release last month, arguing that the jury instructions could lead to a non-unanimous verdict. [read post]
31 Jul 2016, 9:01 pm
If the court or jury finds the defendant not guilty, that simply means that the prosecutor did not prove its case. [read post]
12 Jan 2008, 9:49 pm
A Benton County jury acquitted White of related charges in November 2001. [read post]
7 Nov 2016, 7:22 pm
Active Data In Weiner’s case, his alleged illicit sexting and possible unlawful relationship with a minor has accidentally engulfed Hillary Clinton – because his device contained “active data” such as actual emails or perhaps email headers or other related cache pertaining to Clinton’s role as Secretary of State or her role in any other possible criminal undertaking or conspiracy, including obstruction of justice. [read post]
20 Jun 2013, 1:19 pm
In a copyright infringement case, which is usually a civil trial rather than a criminal one, the standard of proof is lower — usually infringement must be proved by “a preponderance of the evidence. [read post]
12 Mar 2020, 6:01 pm
"The court has noted that the `beyond peradventure' standard is `heavy.'" Carolina Cas. [read post]
25 Oct 2016, 8:17 am
Judge Whyte has been a driving form in judicial education on patent law and in development the model district court rules and model jury instructions for patent cases. [read post]
17 Jun 2022, 12:30 pm
Dissents: The case is not moo [read post]
10 Apr 2022, 11:52 am
But at the end of the day, the lawyer’s job is to present the case so the judge (or jury in a criminal case) can decide where the truth lies. [read post]
6 Nov 2022, 8:17 am
The danger is that a court or jury may place too much emphasis on them. [read post]
25 Jan 2024, 2:51 pm
Next, the court observed that the jury in the underlying lawsuit was never instructed on vicarious liability, and its verdict form gave no indication that the County’s liability was vicarious, rather than direct. [read post]
7 Apr 2020, 7:02 am
’” But it argues that “this case would be a poor vehicle for resolving that issue because the decision below is interlocutory and because the jury instructions at petitioner’s trial were consistent with petitioner’s narrower interpretation of ‘exceeds authorized access. [read post]
19 Jan 2021, 10:43 am
Another insight comes from the only reported criminal case on Section 3, in which a jury was instructed that a “voluntary” act was required to engage in insurrection. [read post]
1 Aug 2024, 3:33 pm
To make the point, here is the standard jury instruction read to Florida juries in every negligence action: 401.4 NEGLIGENCE Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. [read post]
