Search for: "Standard Jury Instructions-Criminal Cases"
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25 Jan 2007, 12:48 am
In both negligence and strict liability, a successful cause of action requires either breach of duty (negligence) or product defect (strict liability) before the case can get to the jury. [read post]
24 Jan 2007, 10:18 pm
Rptr. 170 (Feb. 2006), the presumption of reasonableness itself is a powerful argument for the reasonable doubt standard as a matter of Fifth Amendment law, especially in light of the Supreme Court's law on presumptions in criminal cases. [read post]
24 Jan 2007, 7:00 am
Department of Justice, juries awarded punitive damages in 5.7 percent of cases with winning plaintiffs; for judge awards, it was 4.4 percent. [read post]
23 Jan 2007, 6:12 am
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"ABA Standards for Criminal Justice 23-2.1 (2d ed. 1983) (emphasis added). [read post]
22 Jan 2007, 5:24 am
Schaerr said the case presented an important federalism issue of "whether states have the ability under our federal Constitution to choose their own harmless error standards. [read post]
17 Jan 2007, 9:58 am
(link to cases): For publication opinions today (8): In Jill Scott v. [read post]
17 Jan 2007, 9:24 am
The Smith case had been to the Court once before, with the Court by a 7-2 vote finding the Texas Court of Criminal Appeals' decision on jury instructions in capital cases to be unconstitutional. [read post]
16 Jan 2007, 9:50 am
On remand, Texas' highest criminal court reinstated the death sentence, applying a state "harmless error" rule that is more forgiving of error in jury instructions than is the federal habeas rule. [read post]
22 Dec 2006, 2:09 am
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Title744
S7431A
FARLEY -- Relates to registration of mortgage loan originators 743
S6964A
MORAHAN -- Obtains treatment services for exposure to toxic materials or harmful physical agents and establishes a task force to study the effects of the exposure 742
S8467
GOLDEN -- Relates to criminal possession of a weapon; repealer 741
S8349A
BONACIC -- Prohibits certain transportation corporations that are gas corporations and gas and electric… [read post]
14 Dec 2006, 8:26 am
* * * MEDICAL EXPERT: I said it was milder than some, as you may recall, but that she had a moderately severe dementia syndrome. * * * [MEDICAL MALPRACTICE LAWYER FOR PLAINTIFF]: Now, the case before that, that you testified in court, was a criminal case, right? [read post]
14 Dec 2006, 8:26 am
* * * MEDICAL EXPERT: I said it was milder than some, as you may recall, but that she had a moderately severe dementia syndrome. * * * [MEDICAL MALPRACTICE LAWYER FOR PLAINTIFF]: Now, the case before that, that you testified in court, was a criminal case, right? [read post]
27 Nov 2006, 9:31 am
Second, we hold that the trial court properly instructed the jury on the reasonable doubt standard of proof. [read post]
22 Nov 2006, 3:10 pm
State Farm", and who remarked that:"[I]t's pretty clear that Campbell will remain the jurisprudential standard for this case. [read post]
1 Nov 2006, 10:36 am
" This would equate the standard for civil cases to that for criminal conviction. [read post]
21 Oct 2006, 8:40 pm
Three additional favorable cases are noted from those weeks.The Texas Court of Criminal Appeals in David Renteria v. [read post]
2 Oct 2006, 9:31 am
The jury recommended death by a vote of 7-5. [read post]
20 Sep 2006, 11:56 am
The Florida Supreme Court decided in the case of In Re: Standard Jury Instructions in Criminal and Civil Cases, 31 Fla. [read post]
20 Aug 2006, 12:44 pm
Supreme Court opinions - especially in the realm of jury instructions, deficient performance of counsel (when IAC is not vigorously rooted out it is permitted to fester so that the standard of care is so degraded that ineffective assistance of counsel becomes the norm in some counties and states), failure to expeditiously move cases in many locales, and the persistently nagging problems relating to discovery violations.The fall out from the NSA wiretapping… [read post]
14 Aug 2006, 2:22 pm
They may also be relevant if a combination of such circumstances makes the case an exceptional one... [read post]
18 Sep 2005, 7:10 pm
Jury Geek guest-blogger Philip Monte suggests that jurors, particularly in the south, may become "even more cynical and suspicious than they are at the present time," not only in Katrina-related cases, but also in more general cases. [read post]
