US Supreme Court rules on jury instruction issue

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The United States Supreme Court issued one decision today.  In Hedgpeth v. Pulido, the Court issued a per curiam decision, with 3 justices dissenting as to the remand, in which it held that a conviction based on jury instructions containing more than one theory of guilt, where one theory is invalid, is to be judged under the harmless error standard.  The Ninth Circuit had found the error to be structural error.serial number for mix-fx

"[A] reviewing court finding such error should ask whether the flaw in the instructions 'had a substantial and injurious effect or influence in determing the jury's verdict.'"serial number for mix-fx

The Court's ruling is consistent with a recent opinion by the Nevada Supreme Court, Cortinas v. State, which addressed the same issue.serial number for mix-fx


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This page contains a single entry by JoNell published on December 2, 2008 8:35 AM.serial number for mix-fx

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