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13 Jan 2009, 12:40 pm
Wager explained at an evidentiary hearing that he took the jury's first-degree murder finding of premeditation to mean that "the jury, in effect, has found [Mirzayance] to be sane" - a mischaracterization of California law. [read post]
6 Jan 2009, 5:00 pm
The jury, in other words, is not confused by the evidence; it is instead repelled -- in the case of prior felons -- by the demanding standard of proof. [read post]
2 Jan 2009, 4:57 am
DHS checks biometric data on those applying for admission to the United States against government databases to identify suspected terrorists, known criminals, or individuals who have previously violated U.S. immigration laws. [read post]
30 Dec 2008, 12:18 pm
Although our standard of review is more deferential, we too conclude that Gonzalez's sentence is grossly disproportionate to his offense. [read post]
23 Dec 2008, 2:57 pm
Wilson, No. 07-2162 Denial of a petition for habeas relief in a first degree murder case is reversed where the use of a non-testifying co-defendant's statement at trial, even as redacted and subject to an instruction that the jury should not use it against defendant, was an unreasonable application of Bruton v. [read post]
18 Dec 2008, 6:52 pm
" The court did note, somewhat cryptically, however, that, "While the trial court's instruction here given might not be universally appropriate, in the factual context of this case it correctly stated the relevant principles the jury needed to apply. [read post]
17 Dec 2008, 7:16 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
3 Dec 2008, 5:19 pm
The state court did not do so, instead upholding the verdict afresh under a state procedural rule for jury instructions. [read post]
3 Dec 2008, 4:54 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
3 Dec 2008, 2:28 am
It found that the jury instruction had contained errors, and thus ran afoul of a state jury instruction standard dating back decades - that is, a judge’s failure to give a proposed instruction will not be overturned if the instruction was not "clear and correct in all respects…and altogether free from error. [read post]
1 Dec 2008, 9:18 pm
Washington standard was unreasonable. [read post]
26 Nov 2008, 11:27 pm
In those cases where the process takes a little longer, there is the benefit of having a better jury for the case. [read post]
25 Nov 2008, 1:17 pm
In its jury instructions, the court repeated, "[Morena] is only on trial for these two counts and no other criminal conduct that has been mentioned or alluded to. [read post]
19 Nov 2008, 8:33 pm
Did the submission of an inapplicable, superfluous jury instruction cause some harm to Appellant? [read post]
13 Nov 2008, 3:45 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
10 Nov 2008, 5:00 am
Criminal pattern jury instructions where I practice include references to caselaw in explaining the language of the instruction, and in warning when to be cautious about using a particular instruction. [read post]
3 Nov 2008, 7:03 pm
Webb, No. 08-1331, 08-1332 Defendants' sentences for conspiracy to distribute cocaine base are affirmed over their claim that the district court erred at sentencing by applying a preponderance of the evidence standard to determine drug quantity in excess of that found by the jury beyond a reasonable doubt. . [read post]
27 Oct 2008, 2:25 pm
Cautionary jury instructions alerting the jury to the reliability issues presented by snitch testimony. [read post]
21 Oct 2008, 6:00 pm
[Justice Dickson's 2-page dissent concludes] Because I believe that the defendant was entitled to have the jury meaningfully instructed regarding its right to find in favor of a criminal defendant despite substantial contrary evidence, a historic right of American juries and one additionally preserved in Section 19 of the Indiana Bill of Rights, I dissent from the majority's opinion. [read post]
20 Oct 2008, 6:46 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
