Search for: "In Re: Standard Jury Instructions in Criminal Cases"
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8 Aug 2018, 10:59 am
In part, the Court’s hesitance followed from New Jersey’s bifurcation of expert witness standards for civil and criminal cases, with the Frye standard still controlling in the criminal docket. [read post]
27 May 2016, 8:00 am
South Carolina by refusing to instruct the jury that the only alternative to the death penalty is life without parole; and (3) whether Lynch’s due process right to a fair trial was violated by allowing a prosecutor with a history of misconduct to make a number of improper comments at trial. [read post]
29 Sep 2008, 7:50 pm
Kentucky in concluding that petitioner had not presented a prima facie case of race discrimination with respect to jury selection at her criminal trial in state court. . [read post]
21 Jan 2014, 11:45 am
But the case Re Skogman and The Queen (1984), 13 C.C.C. (3d) 161 says that if there is some evidence (a “scintilla” of it) on which the Preliminary Judge draws his or her inference, even if that inference does not seem to be quite enough, it is not “jurisdictional error” available for review on a Certiorari. [read post]
15 Dec 2013, 4:25 pm
The jury was instructed that they were to consider the Per Se count first and, if they found defendant guilty of that count, they were not to consider any of the remaining counts. [read post]
25 Jun 2008, 6:15 pm
McCann, No. 06-3257 Denial of a habeas corpus petition from a sentence to life imprisonment for murder is affirmed over claims of error regarding whether: 1) Apprendi principles were violated because there was no jury determination establishing the facts necessary to impose an enhanced sentence; 2) defendant never waived his right to a jury trial as to his sentence; 3) double jeopardy barred another sentencing trial so he should be re-sentenced to the maximum term of up to… [read post]
8 Feb 2022, 12:44 pm
The majority concluded that the state did present sufficient evidence under this standard, but remanded the case for a new trial to allow “a properly instructed jury” to decide the case. [read post]
30 Jan 2008, 7:35 am
Quarterman, No. 03-20401 "Denial of a petition for a writ of habeas corpus in a capital murder case is affirmed over claims of error regarding whether: 1) trial counsel provided ineffective representation; and 2) jury instructions given at the sentencing phase of his trial violated his constitutional rights pursuant to Penry v. [read post]
21 Jan 2014, 11:45 am
But the case Re Skogman and The Queen (1984), 13 C.C.C. (3d) 161 says that if there is some evidence (a “scintilla” of it) on which the Preliminary Judge draws his or her inference, even if that inference does not seem to be quite enough, it is not “jurisdictional error” available for review on a Certiorari. [read post]
24 Sep 2007, 1:23 pm
This is a very low standard, compared to criminal law. [read post]
16 Oct 2022, 4:00 am
In a criminal case, the Crown may not argue that any evidence pointing towards the accused’s guilt provides relevant context. [read post]
17 Mar 2009, 6:00 pm
In California, our standard jury instructions (known as "CACI") include standard admonition language to jurors, and while all of our instructions were re-written not long ago to make them more easily understood, I think juror interest and focus is, shall we say, a little uneven. [read post]
6 Apr 2010, 11:49 am
The district court did not err in instructing the jury as to the standard for willfulness. [read post]
11 Mar 2008, 8:46 am
March 3, 2008 - March 7, 2008 To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
21 Oct 2015, 5:45 pm
And to quote the last part of the standard jury instruction in criminal cases, "no one of us has the right to violate those laws. [read post]
1 Oct 2019, 6:14 am
The trial court then brought the jury back into the courtroom, instructed the jurors not to consider Defendant’s absence in weighing the evidence or determining guilt, and allowed the State to continue to present its case. [read post]
13 Mar 2021, 5:00 am
On the impeding charge, defendant first challenges the jury instructions. [read post]
26 Apr 2010, 3:37 am
If four votes can be mustered one way or the other in any of the cases heard with the seat vacant, they’ll be decided; if the remaining six justices tie, Brown will review the case and cast the deciding vote, although he can also order re-argument. [read post]
22 Feb 2007, 9:47 pm
That holding alone will likely invalidate dozens of state statutes and standard jury instructions. [read post]
11 Sep 2012, 4:05 am
And we're back. [read post]
