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14 Oct 2007, 2:52 am
"We don't have enough data, which in itself is a problem," she said.The team recommended a ban on executing offenders with severe mental illness, better jury instructions, tougher attorney qualifications and improved monitoring of capital case procedures. [read post]
11 Oct 2007, 2:52 am
The jury convicted of first. [read post]
3 Oct 2007, 11:10 pm
The NACDL's brief comes out of the box smoking: This case highlights a recurring problem in federal criminal cases: the indiscriminate use of the deliberate ignorance instruction. [read post]
1 Oct 2007, 4:45 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
26 Sep 2007, 1:00 pm
He goes on to state, “That a jury was allowed to convict Skilling criminally for statements for which he could not be held liable civilly not only reveals the instructional error requiring reversal, but underscores the profound unfairness of this entire case. [read post]
24 Sep 2007, 1:23 pm
This is a very low standard, compared to criminal law. [read post]
24 Sep 2007, 3:06 am
"Here's how to blow a five month trial out of a judge's desire to avoid a deadlocked jury," she says: "Let the jury deliberate a week and then change the jury instructions to add new ways the jury can find the defendant guilty. [read post]
24 Sep 2007, 3:06 am
"Here's how to blow a five month trial out of a judge's desire to avoid a deadlocked jury," she says: "Let the jury deliberate a week and then change the jury instructions to add new ways the jury can find the defendant guilty. [read post]
21 Sep 2007, 2:07 am
The trial evidence together with the reasonable inferences flowing from it was sufficient.Jury Instructions: The Court reviewed using the plain error standard because Appellant did not object to the jury instructions nor did he offer an instruction. [read post]
6 Sep 2007, 2:33 pm
Flawed Jury Instructions Petrocelli argues that jury instructions were wrong in regard to several key theories, including standards for “deliberate ignorance” and “materiality. [read post]
4 Sep 2007, 2:47 am
"To view the full-text of cases you must sign in to FindLaw.com. [read post]
2 Sep 2007, 9:00 pm
Court of Appeals ruled that such an instruction "impermissibly invaded the jury's exclusive province to weigh the evidence as a whole against the standard of reasonable doubt, and requires reversal even under the high standard for plain error review. [read post]
20 Aug 2007, 3:04 am
In this decision from Wednesday, the same court suggested that the Standard Jury Instructions Committee for criminal instructions draft a standard prescription defense instruction. [read post]
2 Aug 2007, 9:23 am
Ultimately, the Circuit concluded that the defendant's right of confrontation was violated by the trial court's order disallowing cross-examination on the potential sentence faced by the witness, but that the error was harmless beyond a reasonable in light of significant evidence against the defendants, the fact that the witness's credibility was challenged in other areas, and the fact that the court instructed the jury to view the testimony of a cooperating witness… [read post]
1 Aug 2007, 3:35 am
Failure to instruct jury on proximate cause3. [read post]
30 Jul 2007, 3:41 am
Nebraska. . . . a charge proposed by the Federal Judicial Center in creating criminal jury instructions for the federal courts. [read post]
29 Jul 2007, 12:53 pm
Yet the preponderance standard is less demanding, at least in theory, than the criminal standard. [read post]
28 Jul 2007, 9:32 am
Alaska, and this error was notharmless under the Brecht standard. [read post]
26 Jul 2007, 11:08 am
The Court next rejects the appellants argument that he was entitled to a jury instruction stating that "the victim must testify with some particularity regarding each incident charged for the jury to sustain a verdict of guilt on that particular charge. [read post]
23 Jul 2007, 7:13 am
It is unquestioned that a defendant in a criminal case has a constitutional right to a fair trial, and that includes the right to summon witnesses in his defense. [read post]
