Blog Jay Leiderman Law

Category Archives: Jury Trial

Failure-to-Recall Instruction At defendant’s competency trial, all the experts agreed that defendant appeared to suffer from impaired memory. Therefore, at the prosecution’s request, the jury was instructed: “The inability to recall facts or information does not in and of itself render a defendant incompetent to stand trial; however, it is a factor to be considered […]

Jay Leiderman, attorney for Matthew Keys gives opening statements in Keys case in Motherboard / Vice “Is This Journalist Guilty of Low-Level Vandalism, or High-Damage Hacking?” by Sarah Jeong ***** A defense lawyer for Matthew Keys, a journalist charged with helping Anonymous “hack” the LA Times website, told a jury on Tuesday that his client […]

“The district court’s finding that Naranjo was involved in a five-kilogram cocaine transaction does not preclude a finding of sentencing entrapment. We now address Naranjo’s alternative argument that the district court erred in not finding that the government engaged in sentencing entrapment.”  U. S. v. Naranjo 52 F.3d 245 (1995) (sentencing entrapment)   From an email […]

THE “NATURAL AND PROBABLE CONSEQUENCES” DOCTRINE CANNOT BE EXTENDED TO PUNISH DEFENDANT FOR SEPARATE CONSPIRACIES ENTERED INTO WITHOUT HIS KNOWLEDGE WHILE INCARCERATED AND UNABLE TO OTHERWISE PARTICIPATE It is well-settled that “each member of a conspiracy is criminally responsible for the acts of fellow conspirators committed in furtherance of, and which follow as a natural […]

THE DEFENSE MOVES FOR AN ORDER TO SETTLE JURY INSTRUCTIONS PRIOR TO CLOSING ARGUMENTS The Penal Code requires that jury instructions be settled prior to argument (Penal Code § 1093.5), and explicitly gives the court the discretion to settle instructions at any point in the trail (Penal Code § 1094). The defense requests that the […]