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Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction
Article • November 15, 2020 • from CLN December, 2020
Filed under: Jury Instructions, Verdicts
Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas reversed Michael Alan Keyes’ murder conviction because the district court refused to give his requested self-defense instruction. Keyes was tried for the murder of Jimmy Martin. …
Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed
Article • September 15, 2020 • from CLN October, 2020
Filed under: Jury Instructions, Felon in Possession Statute
Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit reversed Fernando Miguel Samora’s conviction for being a felon in possession of a firearm because the U.S. District Court …
Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not ...
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions, Trials
Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify by Douglas Ankney by Douglas Ankney On January 24, 2020, the Court of Appeals of Maryland announced that …
Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction
Article • March 18, 2020 • from CLN April, 2020
Filed under: Jury Instructions
Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction by David M. Reutter by David M. Reutter The Supreme Court of Michigan held a trial court erred in denying a defendant’s request for a self-defense instruction on the basis that a defendant who claims another person committed the homicide is …
Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction
Article • February 19, 2020 • from CLN March, 2020
Filed under: Jury Instructions
Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction by Dale Chappell by Dale Chappell The Supreme Court of Mississippi held on January 9, 2020, that a pre-arming jury instruction was wrongfully given in a shooting death case and further held that no court in the state may ever again issue a …
Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction
Article • February 19, 2020 • from CLN March, 2020
Filed under: Jury Instructions
Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia reversed the convictions of Matthew Doyle because the trial court failed to charge the jury on the requirement for corroboration of accomplice testimony. At Doyle’s murder trial, …
Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify
Article • January 21, 2020 • from CLN February, 2020
Filed under: Jury Instructions
Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify by Douglas Ankney by Douglas Ankney he Supreme Court of Colorado reversed the conviction of Julian Anastacio Deleon because the trial court failed to give a no-adverse-inference instruction to the jury …
Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State
Article • December 19, 2019 • from CLN January, 2020
Filed under: Jury Instructions
Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State by Douglas Ankney by Douglas Ankney The Supreme Court of Tennessee reversed Brandon Cole-Pugh’s conviction because the trial court refused to instruct the jury on the defense of necessity. …
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions
Article • November 18, 2019 • from CLN December, 2019
Filed under: Jury Instructions
Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit ruled that the district court’s failure to provide oral jury instructions on the applicable substantive law constitutes structural error requiring reversal of …
Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges
Article • September 23, 2018 • from CLN October, 2018
Filed under: Jury Instructions
Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges by Dale Chappell by Dale Chappell A sua sponte jury instruction on self-defense for a murder charge applied equally to the lesser-included charge, and a judge’s failure to inform the jury that it …
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error
Article • September 20, 2018 • from CLN October, 2018
Filed under: Jury Instructions, Appeals, Juries
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill
Article • August 17, 2018 • from CLN September, 2018
Filed under: Jury Instructions, Habeas Corpus
Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Third Circuit granted a Pennsylvania state prisoner conditional habeas corpus relief because the jury instructions used to convict …
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error
Article • July 21, 2018 • from CLN August, 2018
Filed under: Jury Instructions
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell by Dale Chappell It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, …
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking
Article • July 20, 2018 • from CLN August, 2018
Filed under: Jury Instructions, Juries
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell by Dale Chappell Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, …
Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction
Article • June 18, 2018 • from CLN July, 2018
Filed under: Jury Instructions, Immigration
Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for transporting an illegal alien for financial gain because the district court improperly instructed the jury …
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase
Article • May 22, 2018 • from CLN June, 2018
Filed under: Jury Instructions, Parole, Death Penalty
Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase by Dale Chappell by Dale Chappell The trial court erred by failing to tell the jury that a defendant was ineligible for parole before its decision to impose the death penalty, the Supreme Court …
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, Jury Instructions
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a …
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests
Article • January 19, 2018 • from CLN February, 2018
Filed under: Police Misconduct, Judicial Misconduct, Jury Instructions, Police, Criminal Procedure
Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) …
Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!
Article • November 16, 2017 • from CLN December, 2017
Filed under: Jury Instructions
Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally! by Mark Wilson by Mark Wilson "Recording grand juries will have a chilling effect on justice,” Clatsop County District Attorney Joshua Marquis inanely protested. “Why ‘fix’ a system that isn’t broken,” said the fox from deep inside the hen house! …
Bennett vs. Superintendent Graterford SCI, jury instructions, opinion, precedential, 2018
Brief • March 26, 2017
Filed under: Jury Instructions, Habeas Corpus
Bennett vs. Superintendent Graterford SCI, jury instructions, opinion, precedential, 2018 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 16-1908 _____________ TONY L. BENNETT, Appellant v. SUPERINTENDENT GRATERFORD SCI; ATTORNEY GENERAL PENNSYLVANIA ______________ Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. …
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