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First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction

Loaded on Feb. 16, 2018 by Dale Chappell published in Criminal Legal News March, 2018, page 30
Filed under: Judicial Misconduct, Criminal Prosecution, Criminal Procedure. Location: United States of America.

by Dale Chappell

The trial court’s repeated inclusion of an erroneous element in the jury instructions amounted to a “plain error,” which led the U.S. Court of Appeals for the First Circuit to vacate the defendant’s conviction.

Jose Lattore-Cacho was convicted by a jury in U.S. District Court of one ...

 

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