Sentences with phrase «jury instruction on»

A Roanoke City Circuit Court denies plaintiff estate's post-trial motion objecting to a jury verdict for defendant emergency room physician, rejecting the estate's contention that the trial court erred in granting defendant a jury instruction on contributory negligence in this...

Generally, a judge has to give a jury instruction on a lesser included offense only if the evidence supports it.

A recent Court of Criminal Appeals decision held that a murder defendant suffered actual harm from the trial court's confusingly worded jury instructions on provocation and self - defense.

Throughout the trial, and sometimes before the trial begins, the judge gives the Jury instructions on how to make these important decisions.

In connection with Apple not addressing the real claim construction issue (the jury instructions on infringement), Samsung's reply brief says: «That is Hamlet without the Prince.»

The trial judge here erred in his jury instructions on concealment and clean - up, and that error ̶ in conjunction with the erroneous instructions on the accused's flight from and lies to the police ̶ was fatal, necessitating a new trial.

Not exact matches

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.

Silver's conviction on charges that he took payoffs disguised as legal fees in return for using his clout in Albany to benefit developers and a cancer researcher was overturned last year by the Second U.S. Circuit Court of Appeals because of flawed jury instructions.

Last month, the Second U.S. Circuit Court of Appeals reversed Silver's conviction for doing favors on behalf of a cancer researcher and developer who funneled $ 4 million legal referral fees to the former speaker, ruling the jury instructions were wrong and Silver was entitled to a new trial.

On appeal, the Second Circuit found that the jury instructions were too broad, permitting the juries to convict the defendants of corruption charges on a theory that fell outside the definition of «official act,» which the Supreme Court had provided in McDonnelOn appeal, the Second Circuit found that the jury instructions were too broad, permitting the juries to convict the defendants of corruption charges on a theory that fell outside the definition of «official act,» which the Supreme Court had provided in McDonnelon a theory that fell outside the definition of «official act,» which the Supreme Court had provided in McDonnell.

The 2d Circuit said that in the absence of a proper instruction it was impossible to tell whether the jury convicted on the basis of something that qualified as an official act, or something that didn't.».

In her jury instructions, the judge noted Howe's participation in the case as a cooperating witness, noting that convictions in this case can be made «on the basis of such a witness's testimony.»

Acting U.S. Attorney Joon Kim said he was confident the result would be the same at a planned re-trial on Silver's «decades long corruption» in which the jury gets correct instructions.

The conviction was vacated on appeal, however, in part due to instructions given to the jury that were found to be incompatible with a Supreme Court ruling on the theft of honest services charges.

A federal appeals court on Monday upheld the bribery conviction of former Brooklyn Assemblyman William Boyland Jr. — despite acknowledging that some of the jury instructions at his trial were technically wrong under the new rules.

«I think [Skelos lawyer Alexandra Shapiro] is right that in the instructions I gave the jury and in arguments made by counsel to the jury, there is a danger that the jury decided the case based on a rationale that may be rejected by the Supreme Court,» Wood said.

Overturning Mr. Silver's conviction based on the Judge's instructions to the jury, which occurred before the McDonnell ruling, does not redefine the facts in evidence.

The case centered on the meaning of what constitutes an «official act,» with Chief Justice John Roberts agreeing with McDonnell that instructions to his jury were so broad as to include almost anything a public official did.

Silver, who was arrested on corruption charges just months prior to Skelos, had his conviction tossed this summer when a judge determined the jury was given incorrect instructions.

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.

The judge in the case noted that Silver took a «number of official acts — most obviously passing legislation and approving state grants and tax - exempt financing — as part of a quid pro quo, but there remained a «substantial question» on whether the court's jury instructions were valid in light of the McDonnell ruling.

The Skeloses appealed not only on the grounds that the jury instructions were improper, but they also challenged the sufficiency of some evidence and witness testimony.

The jury is expected to receive instructions on the charges next week, with deliberations starting shortly thereafter.

Mayor Bill de Blasio and top police brass offered details today on an NYPD retraining initiative that he has repeatedly heralded in the wake of the Eric Garner grand jury decision — but he stopped short of saying the new instruction would have prevented Garner's death.

An Assembly ethics code never came up at the trial, and Caproni told the jury to review her instructions on illegal «quid pro quos» and «respectfully exchange views.»

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. CuomOn 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. Cuomon 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. Cuomon Friday, and Joseph Percoco, former aide to Gov. Andrew M. Cuomo.

A New York federal judge ruled Senate Majority Leader Dean Skelos and his son can stay free on bail while appealing their convictions on corruption charges, saying jury instructions in their trial could be flawed in light of a recent U.S. Supreme Court ruling.

It's important to note that Mr. Silver's conviction wasn't overturned on a question of guilt, but on the jury instructions.

A federal appeals court on Thursday overturned the 2015 corruption conviction of Sheldon Silver, once the powerful speaker of the New York State Assembly, saying the judge's jury instructions were in error in light of a United States Supreme Court decision that has since narrowed the legal definition of corruption.

The stunning ruling comes just days after the same court upheld the bribery conviction of former Brooklyn Assemblyman William Boyland Jr. on similar grounds questioning the jury instructions.

U.S. District Court Judge Valerie Caproni has noted throughout the trial that the government's case is built almost entirely on circumstantial evidence, and her instructions to the jury will go a long way in determining how jurors come to assess Silver.

«Here, the instructions did not convey to the jury that an official action must be a decision or action on a matter involving the formal exercise of government power akin to a lawsuit, hearing, or agency determination,» Cabranes wrote.

Lawyers for Selivanov and Berkovich said the couple were convicted on laws that should not have applied to them and incorrect instructions given to the jury.

Providing legal guidance to prosecutors and investigators on relevant animal cruelty laws and procedures, drafting motions, jury instructions, bonding / forfeiture petitions, appellate briefs and other legal documents;

More detailed instructions on the installation schedule for accepted works will be communicated to the artists after the juried process.

On Jan. 30, Central District of California Judge Dale Fischer held a hearing on the defendants» motion seeking sanctions, dismissal of certain counts of the lawsuit and an adverse instruction to the jury based on the government's failure to preserve evidencOn Jan. 30, Central District of California Judge Dale Fischer held a hearing on the defendants» motion seeking sanctions, dismissal of certain counts of the lawsuit and an adverse instruction to the jury based on the government's failure to preserve evidencon the defendants» motion seeking sanctions, dismissal of certain counts of the lawsuit and an adverse instruction to the jury based on the government's failure to preserve evidencon the government's failure to preserve evidence.

The trial court found that Thomas» requested jury instruction based on the statute was not warranted because he retreated to his vehicle after firing a weapon on someone else's property.

The Blog of the Legal Times» Marcia Coyle reports in this post that the Committee on Court Administration and Case Management has endorsed a set of model jury instructions for district judges to help deter jurors from engaging in such mischief.

On Aug. 30, the Court of Appeals of the State of Mississippi issued a ruling (via the Legal Profession Blog) in which it reversed the 2009 manslaughter conviction of Justin Thomas because the lower court refused to give a requested jury instruction regarding the castle doctrine.

Thus, you can click on the tabs to see results within cases, statutes, analytical materials, briefs and pleadings, jury instructions, etc..

in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, during final instructions, a jury charge on the cross-race effect, instructing (1) that the jury should consider whether there is a difference in race between the defendant and the witness who identified the defendant, and (2) that, if so, the jury should consider (a) that some people have greater difficulty in accurately identifying members of different race than in accurately identifying members of their own race and (b) whether the difference in race affected the accuracy of the witness's identification.

The article begins by discussing the clerk's role at the court, followed by thorough guidance on how to craft the several documents clerks are usually assigned: bench memos, jury instructions, orders, and opinions.

A special thank you goes to Marlo Greer who worked with Steve Shapiro on this case through settlement of the wrongful death claim, and to Amanda Pfeil who handled legal arguments, motions and jury instructions, to Amy Rogers who spent hundreds of hours on deposition summaries and motions and to Melissa Winthers who kept our firm afloat and well managed in the absence of all of its other lawyers!

511, 873 P. 2d 413 (1994), a decision by an intermediate appellate court, in which the defendant does not appear to have objected to the trial court's instructions as inaccurate, incomplete, or insufficient, for failure to inform the jury concerning a statutorily mandated $ 500,000 cap on noneconomic damages.

The latter court relied heavily on the fact that the State's product liability punitive damages statute and the jury instructions in this case provided at least as much guidance as those upheld in Pacific Mut.

The Court found that the instruction included «unnecessary commentary» on punitive damages and that it «improperly required the jury to consider an element or legal standard» that the plaintiffs were not required to prove as part of their case.

In addition to this, James was also appointed to serve on the Illinois Supreme Court Committee on Civil Jury instructions, where he served as Chair from 2013 to 2015.

Megan C. Deluhery was quoted in a news article in Massachusetts Lawyers Weekly on a federal appeals court decision upholding jury instructions in an employment discrimination case.

After making this ruling, the trial judge provided the jury with a mid-trial instruction on the limited use to which they could put a prior inconsistent statement.

The judge also instructs the jury on how the law affects the facts they are deciding, through the use of jury instructions.