Manhattan's federal appeals court has since overturned the conviction amid questions
about the jury instructions, which failed to adhere to the high court's recent definition of bribery.
«We see no reasonable possibility, in light of the record as a whole, that that flaw affected the outcome of the case,» the court said of Boyland's complaints
about his jury instructions.
Todd Newman and Anthony Chiasson's appeals of their insider trading convictions hinge on a fairly nit - picky legal point
about jury instructions, although an important one that has an appeals court pretty riled up.
Not exact matches
On Thursday afternoon, U.S. District Court Judge Joan M. Azrack spent more than two hours giving
instructions to the
jury, reading aloud from 54 pages explaining the law and how jurors should go
about considering each charge the defendants face.
In reversing McDonnell's conviction, a unanimous U.S. Supreme Court found that
instructions to the trial
jury about what defines a public official's «official acts» were so broad that they could include almost any action an official might take while in office.
He said the judge might have treated the
instructions to the
jury differently, and prosecutors «would have been even more careful»
about making sure their summation and rebuttal arguments «completely conformed» with the court's new interpretation of the federal theft of honest services law.
On Friday, Azrack said while hearing arguments from the attorneys
about the wording of
instructions on the law that jurors will get, that she had read
jury instructions from the corruption trials of Sheldon Silver, the former state Assembly speaker convicted for a second time on Friday, and Joseph Percoco, former aide to Gov. Andrew M. Cuomo.
They ruled that the
jury instructions should have been more specific
about the «official acts» that led to the bribery conviction.
The survey was designed to collect data
about the judge, the court staff, the court facilities, the
jury instructions, and the attorneys and asked for both objective ratings and subjective observations.
At Lowering the Bar, Kevin took a quick look at tweets
about jury duty, and the results were predictable in demonstrating that the
instruction is regrettably necessary:
Back in February, we brought you news of a new model
jury instruction cautioning jurors that tweeting
about a case was a no - no.
Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of juries to think beyond their allotted jury instructions and the right of citizens to spread the word about that super-judicial discret
Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of
juries to think beyond their allotted
jury instructions and the right of citizens to spread the word about that super-judicial discret
jury instructions and the right of citizens to spread the word
about that super-judicial discretion.
It seems to me that
jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge)
about what verdict must be returned based on what facts the
jury finds to be true...
He also gave the first name of the defendant and described his alleged crimes, writing, «Nowhere do I recall the
jury instructions mandating I can't post comments in my blog
about the trial.
I mentioned earlier this week
about efforts to impeach New Hampshire judges who declined to issue specific
jury nullification
instructions to
juries.
The federal judiciary has issued new
jury instructions aimed at deterring jurors from using the Web and social media to research or communicate
about a case.
As you are reviewing the
jury instructions, think
about the way the facts of your case are likely to be presented to a
jury.
Provides information
about being a juror in California, and provides links to California's civil and criminal
jury instructions.
However, these
instructions are organized around categories of sexual offences (sexual interference, incest, sexual assault, etc) and do not contain any specific directions cautioning
juries about the operation of myths and stereotypes in trials of sexual offences.
Click here to read more
about the New Circumstantial Evidence
Jury Instruction.
A judge's
instruction to the
jury on how they could weigh testimony
about a defendant's possible change in appearance at trial - in this case, wearing glasses - wasn't prejudicial, the District of Columbia Court of Appeals has ruled.
This is what Judge Koh's tentative final
jury instructions would say
about the relevant factors and how to consider them:
Your lawyer has numerous documents such as pretrial briefs, proposed
jury instructions and special motions
about evidence (Motions in Limine) that are prepared as trial nears.
The trial judge refrained from giving a remedial
instruction to the
jury about Mr. Prokofiew's right to silence...
U.S. District Judge Julie Robinson of Kansas, the chair of the Judicial Conference Committee on Court Administration and Case Management, told the nation's judges in a Jan. 28 memo that the new
jury instructions «address the increasing incidence of juror use, of such devices as cellular telephones or computers, to conduct research on the internet or communicate with others
about cases».
Some
Juries might also rule contrary to their
instructions without actually having heard
about jury nullification because they have some sort of sympathy with the defendant.
Often everyone even knows that the
jury reached its verdict because it misunderstood the law or the facts, based upon interviews with the jurors immediately following the trial, but nothing can be done
about that to reverse a
jury verdict if a sincere
jury following the
instructions could have reached the same conclusion if they'd viewed the credibility of the witnesses differently.
The Benchbook is used by Mass. judges as an official «playbook» and answers every possible question
about jury trials, including attorney - conducted voir dire, mentioning damages in closing argument, juror notebooks,
jury questionnaires, peremptory challenges,
jury instructions, and much more.
If the justices want to be more explicit
about role definitions for trial judges, then, and as odd as it may seem, they might also try writing
jury instructions after reading their opinions and before they are published.
The court ruled that the
jury instruction misled the
jury about when the Brokerage would be liable for the salesperson's action.