The requested jury instruction was correct as a matter of law and should have been submitted.
On Aug. 30, the Court of Appeals of the State of Mississippi issued a ruling (via the Legal Profession Blog) in which it reversed the 2009 manslaughter conviction of Justin Thomas because the lower court refused to give
a requested jury instruction regarding the castle doctrine.
The trial court found that Thomas»
requested jury instruction based on the statute was not warranted because he retreated to his vehicle after firing a weapon on someone else's property.
Not exact matches
«A criminal defendant, we hold, need not
request special interrogatories, nor need he acquiesce in the Government's
request for discrete findings by the
jury, in order to preserve in full a timely - raised objection to
jury instructions,» Justice J. Ginsburg wrote in her explanation of the court's decision.
The Blog of the Legal Times reports that in one recent case in the District of Columbia Superior Court, the court granted the prosecutors»
request for a
jury instruction that, if the
jury found that the defendant had tried to change his appearance with eyeglasses to avoid being identified, the
jury could consider it as evidence of his feelings of guilt.
in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon
request, during final
instructions, a
jury charge on the cross-race effect, instructing (1) that the
jury should consider whether there is a difference in race between the defendant and the witness who identified the defendant, and (2) that, if so, the
jury should consider (a) that some people have greater difficulty in accurately identifying members of different race than in accurately identifying members of their own race and (b) whether the difference in race affected the accuracy of the witness's identification.
During the
jury instruction conference, the defendants
requested and were granted leave to submit to the
jury a special interrogatory.
The judge rejected plaintiff's
request for a special
jury instruction notifying jurors that the merits of the case — not her motive — were the issue they were responsible for deciding.
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