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Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof
Loaded on May 15, 2020
by Dale Chappell
published in Criminal Legal News
June, 2020, page 38
Filed under:
Ineffective Assistance of Counsel,
Jurors and Juries,
Burden of Proof.
Location:
Texas.
by Dale Chappell
The U.S. Court of Appeals for the Fifth Circuit ruled on March 31, 2020, that the district court’s constructive amendment to an indictment that allowed the Government to prove its case with an alternative, lower standard constituted ineffective assistance of counsel (“IAC”) where trial counsel failed to ...
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