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17 Oct 2008, 3:00 am
Pre-trial evidence versus Discovery Although most jurisdictions that follow the Common Law tradition have no civil trial by jury anymore, the historical need to bring together a number of citizens to hear the testimony of witnesses, observe the evidence, find the facts, and to apply the facts to the law under instructions from a judge; explains why the civil proceedings in the Common Law tradition is shaped as a single concentrated event[18]. [read post]
14 Oct 2008, 3:20 pm
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14 Oct 2008, 7:54 am
Nonetheless, because strong public policy reasons continue to exist to admit evidence of uncharged misconduct in sexual assault cases more liberally than in other cases, we will maintain the liberal standard, but do so as a limited exception to the prohibition on the admission of uncharged misconduct evidence in sexual assault cases to prove that the defendant had a propensity to engage in aberrant and compulsive criminal sexual behavior. [read post]
10 Oct 2008, 3:14 pm
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8 Oct 2008, 1:57 pm
Jury Instructions: The Court has stated that the trial court commits a fundamental error and reversal is required when it fails to give an instruction on an essential element of a criminal offense. [read post]
6 Oct 2008, 4:11 pm
Additionally, the court found a jury instruction referencing "procedural irregularities" was also improper and prejudicial and ordered a new trial. [read post]
29 Sep 2008, 7:50 pm
Kentucky in concluding that petitioner had not presented a prima facie case of race discrimination with respect to jury selection at her criminal trial in state court. . [read post]
29 Sep 2008, 3:52 pm
So, now you know the burden of proof of beyond a reasonable doubt standard applies to criminal cases. [read post]
18 Sep 2008, 8:56 pm
United States Issue: Whether, under the Federal Rules of Criminal Procedure, a district judge may amend a prior criminal sentence mistakenly based on a misunderstanding of federal sentencing factors. [read post]
16 Sep 2008, 6:54 am
Virginia recently created such a process and its first actual innocence writ in a non-DNA case was granted in August.Regarding jailhouse snitches, the Justice Project recently came out with a study (pdf) on the problem and suggested these reforms, all of which would require legislative action:The Justice Project's Recommendations for Improving Standards for Admissibility of Accomplice and Snitch TestimonyRequired mandatory, automatic pretrial disclosures of information related… [read post]
15 Sep 2008, 8:29 pm
Hulick, No. 06-4066 In a murder and robbery case, denial of a petition for habeas relief is affirmed where: 1) the trial court did not act unreasonably when it did not inform petitioner about a question posed by the jury during deliberations; and 2) the correct standard of proof was applied on appeal with regard to the issue of harmless error. [read post]
9 Sep 2008, 2:25 pm
P. 26.3 lessens the degree of deference accorded to a district court's finding of manifest necessity of a mistrial; but 3) an analysis of the factors for consideration of declaration of a mistrial contained in Comment 9.06 of the model criminal jury instructions supported the conclusion that there was manifest necessity to declare a mistrial in this case. [read post]
5 Sep 2008, 3:32 pm
Code § 1029, which criminalizes what is called access device fraud. [read post]
3 Sep 2008, 1:50 pm
Case Name: Proffit v. [read post]
2 Sep 2008, 5:17 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
30 Aug 2008, 7:34 pm
This is freakin' major case in criminal and tax practice. [read post]
28 Aug 2008, 2:15 pm
Brandao, No. 07-1215 Conviction and sentence for counts under Racketeer Influenced and Corrupt Organizations statute (RICO) and Violent Crimes in Aid of Racketeering statute (VICAR) is affirmed over defendant's challenges regarding: 1) sufficiency of evidence that the government presented at trial on each of the elements of RICO and VICAR; and 2) a constructive amendment of the indictment via the jury instructions and the standard of prejudice that will be applied to… [read post]
21 Aug 2008, 6:19 pm
Adopted 110 Replaces the Judicial Division Standards Relating to Juror Use and Management with the ABA Principles for Juries and Jury Trials, adopted February 2005. [read post]
12 Aug 2008, 5:01 pm
Issues The issues before us are: I. whether the trial court properly instructed the jury on the "rescue doctrine"; II. whether the trial court properly refused to instruct the jury on the doctrine of incurred risk; and III. whether the trial court properly refused to permit Star and Cottingham to have peremptory juror challenges separate from Peters. * * * The trial court did not abuse its discretion by instructing the jury on the… [read post]
12 Aug 2008, 1:00 pm
Typically, under instructions and jury charges typically delivered, a corporation is criminally responsible for the actions of any of its employees taken within the scope of their employment and for the benefit of the corporation. [read post]
