Does a failure to instruct the jury on where the fatal injury was inflicted be harmless?
MultiRegion, United States of America
The following excerpt is from U.S. v. Thurmond, 21 F.3d 1119 (9th Cir. 1994):
The undisputed evidence was that the killing occurred on Fort Ord and there is no reasonable possibility the verdict was affected by the failure to instruct the jury on where the fatal injury was inflicted. Thus, the error was harmless. United States v. Warren, 984 F.2d 325, 328 (9th Cir.1993).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a failure to meet the filing deadline a fatal failure to demonstrate an actual injury? (MultiRegion, United States of America)
Does a judge's failure to define specific intent within the body of the conspiracy charge in the instructions render the instructions inadequate? (MultiRegion, United States of America)
Is a failure to request a lesser included offense instruction fatal to a claim of error? (MultiRegion, United States of America)
What is the test for a claim for negligent infliction of emotional distress for injuries inflicted upon a third person? (MultiRegion, United States of America)
Is a debt arising from a malicious injury when it is determined that the creditor intended to cause injury to the creditor or had a reasonable chance of injury? (federal, United States of America)
How have the courts dealt with the first instruction and second instruction in a motion to deny an instruction? (MultiRegion, United States of America)
Is there a failure to give a theft instruction? (MultiRegion, United States of America)
Can a jury in a personal injury case be found to have given incorrect jury instructions? (MultiRegion, United States of America)
Is a defense's failure to cross-examine a prosecution witness harmless? (MultiRegion, United States of America)
What is the test for harmless error in the formulation of jury instructions in a civil trial? (MultiRegion, United States of America)
