Sentences with phrase «jury instructions says»

● The jury instructions say or the judge said that jury nullification is invalid.

Not exact matches

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.».

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.

Legal experts said the impact of the McDonnell decision would make it harder for the feds to convict Silver a second time, because revised jury instructions could exclude some of the most damning evidence from consideration.

«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.

«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.

Kim says the only issue in the appeals panel decision is that the jury instructions were incorrect, because of the recent Supreme Court decision, which involved former Virginia Governor Bob McDonnell and his wife.

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.

When the appeals court overturned Silver's corruption conviction, it said that many people would view the facts that came out in the case «with distaste,» but the instructions to the jury did not track with the U.S. Supreme Court's decision in 2016 in a corruption case against former Virginia Gov. Bob McDonnell.

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.

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.

An appeals court used a recent Supreme Court precedent to say the jury had been given incorrect instructions in the case.

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.

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 2nd Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential rulings in other cases prior to the Supreme Court decision in the McDonnell case.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement said.

Kim said the only issue in the appeals panel decision is that the jury instructions were incorrect, because of the recent Supreme Court decision, which involved former Virginia Gov. Bob McDonnell and his wife.

Supreme Court Justice Steven L. Barrett dismissed the manslaughter indictment against Haste in May because he said prosecutors» instructions to the grand jury who indicted Haste were faulty.

«When the second grand jury was presented with all of the evidence and was issued the proper instructions in deciding the case, they courageously came to the right and proper decision,» he said in a statement.

Haste, who was indicted by a grand jury but had the case tossed out because of improper jury instructions from the Bronx District Attorney's Office, said he believed Graham had a gun in his possession at the time.

Supreme Court Justice Steven L. Barrett said the grand jury may have received misleading instructions.

Robert McDonnell, which the NY federal appeals court said resulted in flawed instructions to the jury.

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.

A report from the UK says juries are reasonably fair, report's Slaw's Simon Fodden, but adds that they usually don't understand the judge's instructions.

Ms. Deluhery, a partner at Todd & Weld, told the publication in its Feb. 19 issue that» [a] sking an appellate court to say that using the Supreme Court's phraseology of the law in a jury instruction is wrong is going to be a tough sell.»

Raeder says pretrial discovery procedures and jury instructions must be changed to prevent forensic analysts from «fudging» the results of lab tests and «overreaching» when they testify.

Voith explained in his reasons that there were additional problems with Harding's submissions, and that any attempt to address them «would overwhelm and confuse my own instructions to the jury, and would not, in result, ensure that the defendant received a fair trial,» he said.

The Queen, [1980] 1 S.C.R. 527, at p. 529, Chouinard J. resolved an issue respecting jury instructions by reference to an earlier decision of this Court and said:

While the lawyers have some say in what instructions are to be given in their «charge conference,» the judge decides what the jury hears.

They said that the trial judge erred in not asking the Crown to address the relevance of referring to her as a prostitute, did not provide instructions to the jury to address the «widespread racial bias» invoked by referring to her as they did and «wrongly said a factor important to consent was that Gladue was a prostitute,» wrote the Court of Appeal judges in their decision.

This is what Judge Koh's tentative final jury instructions would say about the relevant factors and how to consider them:

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.»

Well, the point being: Microsoft was made to «share» — Apple jury found Samsung guilty (appealing)... someone has said the judge made a mistake, and that instructions to jury were poor, and that the jury had no (tech) skills.