Search for: "Standard Jury Instructions Criminal Cases"
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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]
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]
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]
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]
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]
