Search for: "Standard Jury Instructions Criminal Cases"
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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]
13 Jul 2007, 5:13 pm
Here too, the jury violates its instructions. [read post]
5 Jul 2007, 3:45 pm
Instructed pursuant to Dr. [read post]
5 Jul 2007, 2:26 am
This gave the jury little basis for sympathy. [read post]
25 Jun 2007, 2:36 pm
June 22, 2007), reversing Kingman County aggravated criminal sodomy and aggravated indecent solicitation conviction for failure to give a unanimity instruction. [read post]
22 Jun 2007, 4:44 am
The difference between criminal and civil searches can be dramatic. [read post]
18 Jun 2007, 7:32 am
” Here’s an artful explanation of the ostrich instruction by none other than Seventh Circuit Judge Richard Posner, from the 1990 case U.S. v. [read post]
11 Jun 2007, 1:49 am
In this contraband case, the Fourth District asked the standard jury instructions committee for criminal instructions to consider rewriting the instruction on possession. [read post]
5 Jun 2007, 4:00 pm
In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.For example, here's a 38.23 charge to be used when there is a fact issue as to the existence of voluntary consent to search a vehicle:You are instructed… [read post]
2 Jun 2007, 2:25 pm
In a criminal case, the burden on the prosecutor is to establish the defendant's guilty beyond a reasonable doubt, a much stricter standard. [read post]
31 May 2007, 2:21 am
This overturns the 9th's Atkins case that had a higher standard for waiver. [read post]
14 May 2007, 10:26 am
" Whatever the case, the District Court's instructions were not confusing. [read post]
8 May 2007, 5:27 am
The following is a glossary of a broad list of legal terms, civil and criminal, state and federal and not just those in a divorce or family law case. [read post]
3 May 2007, 2:13 am
If you have spent time with Florida's standard jury instructions, you probably appreciate how the civil and criminal committees that craft those standards tend to avoid creating instructions not directly supported by statutes or case law. [read post]
29 Apr 2007, 10:49 pm
This is where the death penalty is being adopted for sex offenders, the "duty to retreat" before using deadly force is being abandoned, and the Court of Criminal Appeals just got "dope slapped" on the back of its collective head on three death penalty cases. [read post]
29 Apr 2007, 12:49 am
According to the Houston Chronicle, Washington Bureau, both The Texas Court of Criminal Appeals, and the 5th Circuit had been warned by The Supreme Court to follow guidelines especially in death row cases challenging jury instructions. [read post]
26 Apr 2007, 12:41 pm
Prior to his trial, Smith filed three written motions addressing the jury instructions. [read post]
25 Apr 2007, 9:32 am
Each of the cases involved a problem with the lower appellate courts' application of prior SCOTUS rulings on special jury instructions in death penalty cases. [read post]
25 Apr 2007, 9:17 am
The Court reversed the Texas Court of Criminal Appeals' ruling that reinstated the death sentence of a Dallas man, LaRoyce Smith; the state court had applied a new harmless error standard under state law. [read post]
