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4 Jan 2008, 4:48 pm
Further to the extent the challenged instruction in this case went on to reference the 'triumph of truth' as essential to justice 'in any case, whether it be civil or criminal,' such language, without more, fails to alert the jury that a higher standard of proof is demanded in criminal than in civil cases. [read post]
3 Jan 2008, 3:46 am
The Court stated that where the statute specifies the measure of damages, it was appropriate to tailor the measure of damages to fit the circumstances of a criminal case. [read post]
3 Jan 2008, 3:46 am
The Court stated that where the statute specifies the measure of damages, it was appropriate to tailor the measure of damages to fit the circumstances of a criminal case. [read post]
28 Dec 2007, 2:00 pm
Shamansky plans to appeal the verdict on the grounds that the jury wasn't instructed on the definition of entrapment. [read post]
28 Dec 2007, 1:04 pm
And though defendants often claim entrapment, that argument rarely works in those kind of cases. [read post]
5 Dec 2007, 4:52 pm
Plaintiff successfully moved for a new trial on the false identification charge based on instructional error and juror misconduct. [read post]
4 Dec 2007, 1:41 pm
In fact, this issue is considered so important that standard jury instructions include language that requires jurors to refrain from finding a police officer to be creditable simply because he is an officer. [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]
27 Nov 2007, 6:49 pm
Second, if so, what are the standards for measuring disparate impact? [read post]
16 Nov 2007, 1:08 am
THE INCOMPETENT ADMINISTRATION OFLETHAL INJECTION PROCEDURES HASRESULTED IN FORESEEABLE ANDPREVENTABLE PROBLEMS IN NUMEROUSEXECUTIONS.......................................................29CONCLUSION..........................................................36TABLE OF AUTHORITIES CASES Page(s) Brown 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]
11 Nov 2007, 12:58 pm
This case presents a single issue on appeal: whether a bankruptcy court may retain a case filed in an improper venue under 28 U.S.C. [read post]
10 Nov 2007, 1:35 am
The snitches, Johnson contended, should be held to the same standard. [read post]
9 Nov 2007, 6:16 pm
Officer Levi Miller investigated the case. [read post]
8 Nov 2007, 6:41 pm
This review will come in the case of Baze v. [read post]
5 Nov 2007, 11:52 am
Louis, No. 06-3349 In a case arising out of the reorganization of the City of St. [read post]
30 Oct 2007, 5:10 pm
Jurors are now mandatorily given copies of jury instructions in civil cases. [read post]
30 Oct 2007, 1:37 am
However, the case is remanded for resentencing. [read post]
26 Oct 2007, 10:33 am
"But guilt no matter how clearly established cannot cancel a criminal defendant's right to a trial that meets minimum standards of procedural justice. [read post]
15 Oct 2007, 2:34 am
The jury sends out a note, "We want to hear a portion of a witness's testimony. [read post]
