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Illinois Supreme Court Announces Conviction 
for Attempted First Degree Murder Requires 
‘Intent to Kill Without Lawful Justification
Article • August 1, 2025 • from CLN August, 2025
Filed under: Jury Instructions, Ineffective Assistance of Counsel, Inconsistent
Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification by Jeffrey Cohen The Supreme Court of Illinois held that a conviction for attempted first degree murder requires proof that the defendant acted with the intent to kill without lawful justification, rejecting the …
South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis
Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions
South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis by Richard Resch The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some …
Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions 
on Self-defense and Defense of Others
Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions, Jury Instructions in Jury Room
Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others by Douglas Ankney The Supreme Court of Minnesota clarified the standard for determining whether a defendant is entitled to a jury instruction on self-defense and defense of others. Applying …
Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Som...
Article • March 15, 2025 • from CLN April, 2025
Filed under: Jury Instructions, Evidence - Failure to Disclose
Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland held that when there is “some …
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction
Article • February 15, 2025 • from CLN March, 2025
Filed under: Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant
Article • October 1, 2024 • from CLN October, 2024
Filed under: Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence
Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant by David Reutter by David M. Reutter The Supreme Court of Ohio held that a defendant need not “intend to harm or kill another person to be entitled to a self-defense jury instruction.” The …
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1)
Article • June 15, 2024 • from CLN June, 2024
Filed under: Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Fourth Circuit vacated the convictions of Dr. Joel Smithers because …
Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury
Article • December 15, 2023 • from CLN December, 2023
Filed under: Jury Instructions, Criminal Procedure, Fair Trial, Verdicts
Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed convictions for first-degree wanton endangerment (“FDWE”) and first-degree persistent felony offender, holding that the trial court …
California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory
Article • October 1, 2023 • from CLN October, 2023
Filed under: Jury Instructions, New Trial Motions, Murder/Felony Murder
California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-­Murder Theory by Douglas Ankney by Douglas Ankney The Supreme Court of California vacated Tyree Ferrell’s second degree murder conviction because his jury was instructed on a now invalid theory of felony-­murder and the jury’s finding …
New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’
Article • May 15, 2023 • from CLN June, 2023
Filed under: Jury Instructions, Jurors - Alternates
New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York ruled that under state law an alternate juror discharged from service cannot subsequently be seated to deliberate the case. …
Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial
Article • April 15, 2023 • from CLN May, 2023
Filed under: Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error
Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson by Mark Wilson The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary …
New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendan...
Article • March 15, 2023 • from CLN April, 2023
Filed under: Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony
New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial by Jacob Barrett by Jacob Barrett The Supreme Court of New Jersey reversed the convictions and sentence of …
Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision
Article • January 12, 2023
Filed under: Jury Instructions, New Trial Motions
Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision by Jo Ellen Nott by Jo Ellen Nott On December 30, 2022, the Oregon Supreme Court ruled that hundreds of prisoners who were convicted by non-unanimous juries have a right to a new trial. The rulings …
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense
Article • February 15, 2022 • from CLN March, 2022
Filed under: Jury Instructions, Confessions and Statements of Defendant
Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that Marvin Rodriguez satisfied the requirements of confession and avoidance. The TCCA also instructed …
Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion
Article • January 15, 2022 • from CLN February, 2022
Filed under: Jury Instructions, Entrapment
Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant …
First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction
Article • November 15, 2021 • from CLN December, 2021
Filed under: Jury Instructions, Entrapment Defense - Effects of Asserting
First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the First Circuit clarified when trial courts must instruct juries on the defense of entrapment. As part of a “sting” …
Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC
Article • June 15, 2021 • from CLN July, 2021
Filed under: Jury Instructions, Ineffective Assistance of Counsel
Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC by Anthony Accurso by Anthony Accurso The Supreme Court of Pennsylvania found a defendant’s counsel constitutionally ineffective where they failed to object to improper jury instructions, and there was further …
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper
Article • March 15, 2021 • from CLN April, 2021
Filed under: Jury Instructions, Perjury/Perjured Testimony
Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction after the U.S. District Court for the Eastern District of New York issued jury instructions that implied the defendant had …
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences
Article • February 15, 2021 • from CLN March, 2021
Filed under: Jury Instructions, U.S. Sentencing Guidelines, Wrongful Use of Force
Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences by Anthony Accurso by Anthony Accurso The Supreme Court of Ohio held that a determination as to whether a defendant used force in the commission of the offense – a finding which raises the …
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent
Article • January 15, 2021 • from CLN February, 2021
Filed under: Jury Instructions, Ineffective Assistance of Counsel, Co-conspirator/Accomplice liability
Third Circuit: IAC Where Counsel Failed to Object to Accomplice-Liability Jury Instruction in Murder Case That Relieved State of Proving Specific Intent by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that defense counsel provided ineffective assistance of counsel (“IAC”) for failing to …
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