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Tag Archives: jury instructions

Negligence: Medical Malpractice-Jury Instructions

Defendant appealed from the jury verdict entered against it in the medical-malpractice, wrongful-death case filed by plaintiffs after decedent, an admitted high-risk candidate for surgery, died from complications following surgery. On appeal, defendant argued that the trial court erroneously charged ...

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Criminal Law: First-Degree Murder-Death Sentence-Jury Instructions

Where a defendant convicted of first-degree murder after a joint trial with a co-defendant challenged his death sentence, including the aggravating and mitigating factors considered by the jury and the instructions received, the defendant did not show that the district ...

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Criminal Law: Attempted Enticement of a Child-Jury Instructions

Defendant appealed from his conviction for attempted enticement of a child, after he attempted to persuade a 14-year-old to engage in sexual conduct. At trial, defendant unsuccessfully sought to elicit testimony from the victim’s sister about the victim’s tendency to ...

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Negligence: FRSA-Retaliation-Jury Instructions

Where a plaintiff who suffered an eye injury while working for his railway employer challenged an adverse verdict on retaliation claims brought under the Federal Railroad Safety Act, the jury instructions misstated the “honestly held belief” defense in the context ...

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Criminal Law: Pre-Trial Lineup-Admission of Gun-Jury Instructions

Where a defendant challenged his conviction and sentence on charges including assault in the first degree, the victim’s pre-trial identification of the defendant from a photo lineup was not unduly suggestive, and the admission of a firearm found in a ...

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