Is there a reasonable likelihood that a jury found that the written instruction on aiding and abetting had substantial and injurious effect or influence in determining the jury's verdict?

MultiRegion, United States of America

The following excerpt is from Underwood v. Borg, 5 F.3d 540 (9th Cir. 1993):

Estelle v. McGuire, 112 S.Ct. 475, 482 (1991) (citations and quotation marks omitted, emphasis supplied). Thus, the real question here is whether it is "reasonably likely" that the jury applied the erroneous portion of the written instruction on aiding and abetting in a manner that "had substantial and injurious effect or influence in determining the jury's verdict." Stated differently, the question is whether there is a reasonable likelihood that the jury applied the instruction according to its literal terms such that, upon finding that Underwood was present at the scene of the murder, and that he knew a crime was being committed, they found him guilty of the crime of aiding and abetting murder. If so, Underwood was entitled to habeas relief.

Other Questions


Are there any cases where a jury has been found not guilty but found that a jury was not able to determine whether the jury was bound by the burden of proof? (federal, United States of America)
Does a trial judge make a grievous error of instructing the jury that a defendant charged with murder would be released from prison if found not guilty by reason of reason of insanity? (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)
What is the test for a jury to determine whether the jury has found the essential elements of a crime beyond a reasonable doubt? (MultiRegion, United States of America)
What is the effect of having to have a post-instruction discussion with a jury after receiving an instruction that the jury should consider whether or not to agree to consider a motion of no coercion? (MultiRegion, United States of America)
Can a jury be found to have found that the jury instruction was erroneous? (MultiRegion, United States of America)
Can a jury instruct a jury on aiding and abetting in the light of the evidence introduced? (MultiRegion, United States of America)
Does a jury have to consider whether as a whole the jury instructions were misleading or inadequate to guide the jury's determination? (MultiRegion, United States of America)
What is the test for reversing a jury's verdict in a criminal case when the jury found that the prosecution failed to prove all elements beyond a reasonable doubt? (MultiRegion, United States of America)
Is there a reasonable likelihood that the jury's verdict was affected by the inappropriate reference in the instructions to intangible property rights? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.