burden of proof criminal

• U.S. Court of Appeals, 8th Circuit Case Summaries: November 23, 2009

Criminal Law Competency Determination - Tax Fraud - Burden Of Proof

• Missouri Lawyers Media
• November 24, 2009

• State v. Baker, (Ohio 2010)

Criminal Procedure: The appropriate burden of proof in community control revocation proceeding is “preponderance of the evidence;” trial court’s decision that appellant violated the terms of his community control was supported by sufficient competent and credible evidence.

• Ohio Supreme Court

• Cleveland v. Carroll, (Ohio 2005)

Criminal Damaging – Defense - Self-Defense - Burden of Proof – Evidence – Weight.

• Ohio Supreme Court

• Zappala Praised for Prosecuting Estate Cases

An expert on Pennsylvania estate law praised Allegheny County District Attorney Stephen Zappala's office Thursday for prosecuting an Upper St. Clair lawyer for allegedly bilking an elderly widow. Prosecutors rarely push for criminal charges in such cases, usually citing a higher burden of proof in criminal court than in civil cases, said Montgomery County attorney J. Brooke Aker, who spoke at a legal seminar Downtown.

• Tribune - Review / Pittsburgh Tribune - Review
• February 27, 2009

• State v. Brooke, (Ohio 2005)

CRIMINAL LAW - uncounseled plea; misdemeanor; valid waiver; burden of proof; silent record; prior conviction; enhanced offense; constitutional infirmity.

• Ohio Supreme Court

• Letters

Roland Paul Yet another survey It is amusing to read about yet another task force survey ("Survey of experienced litigators finds serious cracks in U.S. civil justice system," September-October 2008 Judicature) revealing that: (a) litigation costs drive cases to settle that deserve to be tried on the merits; (b) the longer a case goes on, the more it costs; (c) discovery abuse in civil cases remains a significant problem; (d) discovery sanctions are seldom imposed by the court; and (e) meaningful civil justice reform will not be quick or easy. To resolve these delinquencies, the following proposals are made: 1 Abolish the attorney-client privilege; 2 permit, even require, selfincrimination; 3 abolish the presumption of innocence and the burden of proof "beyond a reasonable doubt" in cr...

... of proof "beyond a reasonable doubt" in criminal cases; 4) dispose of the adversarial system; 5) di...

• Judicature
• Vol. 92 Nbr. 3, November 2008

• Nolde v. Lebanon Correctional Inst., (Ohio 2010)

Inmate property loss, theft. Defendant not responsible for criminal actions of other inmates. Burden of proof, duty of care. Judgment for defendant.

• Ohio Supreme Court

• Caddy v. Ohio Dept. of Rehab. & Corr., (Ohio 2010)

Inmate property loss, theft from cell. Defendant not responsible for criminal acts by fellow inmates. Burden of proof, duty of care. Judgment for defendant.

• Ohio Supreme Court

• Letters to the Editor

Policy gone awry To the editor -- Bill Zirkle's agreement to settle a lawsuit accusing him of conspiring to hire illegal immigrants in order to keep wages low is another chapter in our screwed-up immigration policy! Chicago lawyer Howard Foster filed suit under the federal Racketeer Influenced and Corrupt Organizations Act. RICO was enacted to fight the Mafia and the crime syndicate in civil court where the burden of proof is lower then in criminal court. In RICO, plaintiff allegations are assumed to be true, the defendant must prove otherwise. RICO also allows triple the damages awarded in order to bankrupt organized crime.

• Yakima Herald-Republic
• January 10, 2006

• Poston v. Warren Correctional Inst., (Ohio 2010)

Inmate property theft. Defendant not responsible for criminal conduct of other inmates. Burden of proof, duty of care. Judgment for defendant.

• Ohio Supreme Court