Not exact matches
The 2nd U.S. Circuit Court of Appeals found that there was sufficient evidence to convict the veteran legislator in two corruption schemes, but
jury instructions didn't comply with a new Supreme Court
decision narrowing the type of acts required of public
officials in a quid - pro-quo bribery scheme to formal exercises of government power.
In its
decision regarding Silver's case, the appeals court ruled in 2017 that the definition of
official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the
jury could have ruled differently had it been instructed on the updated definition of the law.
The Second Circuit Court of Appeals on Thursday threw out the 2015 conviction of former New York State Assembly Speaker Sheldon Silver on honest services fraud because the charge to the
jury did not comport with the Supreme Court's 2016
decision in the case of former Virginia Gov. Bob McDonnell, which narrowed the definition of an «
official act.»
Several
officials, including the head of the NYPD's biggest union, former mayor Rudy Giuliani, for whom Bratton served as police chief in the 1990s, and former Gov. George Pataki have criticized the mayor in the wake of the officers» deaths and ongoing protests against grand
jury decisions not to indict police in the Garner and Brown cases.
But in the
jury instructions, the judge's explanation of an
official action was too broad, the appeals court found, because it swept in some conduct that the Supreme Court's
decision would now exclude.
The top court
decision, which came shortly after the Skelos and Silver verdicts, clarified what constitutes an «
official act» of corruption and defense lawyers in both cases contend that the ruling invalidates legal instructions given to their Manhattan
juries.
Staten Island's white elected
officials did not blast the grand
jury's
decision.
While Mayor Bill de Blasio did not directly criticize the
decision, Ms. Rose, Council Speaker Melissa Mark - Viverito and other minority elected
officials angrily denounced the outcome, echoing reaction that came after a grand
jury decided not to indict a white police officer for shooting a black teenager in Ferguson, Mo..
«Here, the instructions did not convey to the
jury that an
official action must be a
decision or action on a matter involving the formal exercise of government power akin to a lawsuit, hearing, or agency determination,» Cabranes wrote.
School
officials started planning their response to the grand
jury decision early in the school year, according to Education Week.
A federal appeals court vacated the conviction last year, however, because
jury instructions didn't reflect a later U.S. Supreme Court
decision narrowing the meaning of
official acts that can support a federal bribery conviction.
Do the available
official statistics allow us to compare the conviction / acquittal rate between rape trials and trials for the generality of offences where
juries have actually deliberated and given verdicts of their own, that is excluding directed acquittals after the judge has made a
decision to stop the case?