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: White Collar Crime Prof Blog11th Circuit Pattern Jury Instruction for Mail Fraud Has Problems
Full post as published by White Collar Crime Prof Blog on March 26, 2008 (boomark / email).
Svete: Mail Fraud Instruction Defective
In U.S. v. Svete, No. 05-13809 (March 26, 2008), the Court reversed mail fraud convictions for two defendants based on an erroneous jury instruction, but otherwise rejected the defendants? challenges to their convictions and sentences...
Additions to PRACDL Blog
We have added two new lists to the right sidebar of the blog - Booker in the First Circuit (includes District and appellate cases) and Booker Elsewhere. As the number of cases are likely to grow exponentially, we will in time start trimming these lists to the most important cases...
Faulty Jury Instruction over McDonnell Douglas Is NOT Reversable Error
Mobasher v. Bronx Community College (2d Cir. March 13, 2008)Download 050093_so1.pdf is a critically important discrimination case. The 2nd Circuit holds that an incorrect jury instruction with respect to the shifting burdens of proof under McDonnell Douglas is NOT a...
Eye Witness ID Jury Instruction
Recently, Kirk posted on eyewitness ID here. On that same subject, Carl Folsom over at the excellent KansasDefenders.blogspot.com , has a post on a new ABA Model cautionary jury instruction on cross-racial eye-witness identification, here...
Illinois Circuit Court Rules addition in "Measure of Damages per Shortened Life Expectancies"
Illinois circuit courts in May added ?shortened life expectancies? to its measures of damage pattern jury instructions: 30.04.05 Measure of Damages?Shortened Life Expectancy This instruction is appropriate if there is evidence that plaintiff?s life expectancy has been shortened by the tort...
If a district court incorrectly instructs the jury on how to calculate damages, and the jury compounds the error by returning a verdict for a larger amount of damages than the erroneous instruction would permit, what is a federal appellate court to do
If a district court incorrectly instructs the jury on how to calculate damages, and the jury compounds the error by returning a verdict for a larger amount of damages than the erroneous instruction would permit, what is a federal appellate court to do? Today, a three-judge panel of the U...
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