Search for: "Standard Jury Instructions-Criminal Cases"
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7 Nov 2023, 6:37 am
We see in this case how difficult is it win habeas petitions ever since Congress in the mid-1990s tightened the standards for challenging your state court convictions in federal court. [read post]
9 Dec 2022, 7:44 am
Such challenges could benefit defendants by prompting a judge to instruct a jury to give less weight to such testimony, to strike the testimony related to that evidence altogether, or even to dismiss the case outright. [read post]
10 Nov 2012, 3:12 pm
Additional Resources: • Arizona State Legislature • Arizona State Bar - Jury Instructions for Evidence • United States Supreme Court - Maryland v. [read post]
26 Jun 2012, 11:38 pm
According to the Florida Committee on Standard Jury Instruction in Criminal Cases, judges have an obligation to warn jurors against using "electronic devices or computers to talk about [a] case, including tweeting, texting, blogging, e-mailing, or posting information on the web... [read post]
31 May 2011, 4:44 pm
Unlike criminal trials, the law does not require plaintiffs to prove their case "beyond a reasonable doubt". [read post]
3 Jul 2019, 7:01 am
(ii) The defendant also requested a special jury instruction that paraphrased a passage from State v. [read post]
13 Nov 2007, 7:30 am
An argument is being made that it denies equal protection to adopt the standard in civil cases and not in criminal cases. [read post]
27 Apr 2009, 8:10 pm
A dismissal of the case against McCaig hinges on whether Judge Molloy accepts the government's proposed jury instruction. [read post]
26 Aug 2012, 4:30 pm
” He also claimed that the trial court committed reversible error when it instructed the jury that OWI is a “lesser offense” than DUI and when it instructed the jury on separate standards of proof. [read post]
4 Dec 2019, 11:00 pm
Tweet We have criminal trials. [read post]
3 Dec 2016, 10:41 am
” Probably not the greatest instruction, but no objection was made, and the jury came back with a guilty verdict. [read post]
23 Sep 2023, 1:04 pm
The reasonable person standard is key to both Criminal Law and Torts. [read post]
23 Sep 2023, 1:04 pm
The reasonable person standard is key to both Criminal Law and Torts. [read post]
30 Nov 2007, 12:59 pm
As in the final sentence of the opinion, which says: "So we have this advice for trial judges: in a criminal case, put CALCRIM No. 3500 on your list of standard instructions to give, then ask yourself: 'Is there some reason not to give this instruction in this case? [read post]
12 Sep 2014, 7:02 am
The Court also rejected Lewis’s (1) due process argument, reasoning reversal is not necessary where an indictment fails to charge an element of the offense, (2) automatic reversal argument, distinguishing cases where no criminal conduct was alleged, and (3) constructive amendment argument, because the difference between use and brandishing changed proof with respect to a particular statutory subsection, not the entire theory of the case. [read post]
14 May 2023, 2:14 pm
Percoco’s conviction still cannot stand, the justices ruled, because the instructions that the trial judge gave to the jury in his case were too vague. [read post]
27 Sep 2022, 8:42 am
Although society typically deters outrageous conduct that causes a substantial risk of harm by imposing criminal liability, to establish entitlement to punitive damages in negligence cases, Swift does NOT require: a plaintiff to establish criminal conduct, or a plaintiff to identify an applicable criminal statute. [read post]
19 Nov 2020, 9:19 am
At trial, the defendant requested a jury instruction on the defense of justification. [read post]
23 Sep 2021, 2:12 pm
As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. [read post]
26 Feb 2018, 12:35 pm
Based on those instructions, the jury found Arab Bank liable. [read post]
