Tags » Jury Instructions

"What cross-race charge? What are you talking about?"

“All the identifying witnesses were speaking from casual observation of men they had never seen before, men of foreign race, under circumstances of unusual confusion.” Felix Frankfurter, … 757 more words

Law & Parody

Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Unexplained Exclusion of Black Person from Jury, Despite Sufficient Evidence Otherwise to Convict

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) reversed a conviction for murder. Despite finding that there was sufficient evidence to support the conviction, the SJC found that the Superior Court had abused its discretion and created a constitutional structural error by failing to require the prosecution to give an adequate and genuine race-neutral reason for excluding a certain black person from the jury. 1,445 more words

Appeals Court Affirms Sex Offense Convictions, Despite Arguments Raised Regarding the First Amendment, Legislative Intent, and Limiting Instructions to the Jury

SUMMARY: The Massachusetts Appeals Court affirmed the defendant’s convictions for child rape, child pornography, and dissemination of matter harmful to minors when a 23-year old man and a 13-14 year old girl had sexual contact both in person and via cell phone. 1,079 more words

Appeal

Cuevas v. State 4.19.17

IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
JUAN GABRIEL CUEVAS,
Appellant, NOT FOR PUBLICATION
v. Case No. F-2016-112
THE STATE OF OKLAHOMA, FILED… 1,347 more words

Accomplice Testimony

Proposed Jury Instructions for Motor Vehicle Offenses

TA 21-301 (a)

Failure to Drive Right of Center

The Defendant is charged with the crime of failure to drive right of center.  In order to find the Defendant guilty, the state must prove: 417 more words

- Criminal Law

Mistake of Fact Jury Instruction. General v. State

Brief Brief  General v. State, 367 Md. 475 (2002).

Issue:  Mistake of Fact is a recognized defense and, when generated, must be presented to the jury. 406 more words

- Criminal Law

Imperfect Self-Defense Jury Instruction

NOTE:  This is a sample jury instruction for imperfect self-defense for a charge of First Degree Assault.  It is a modified version of Maryland Pattern Jury Instruction Cr 5:07, Self-Defense,  with additional language pursuant to Christian v. 359 more words

- Criminal Law