Under what circumstances will the court allow the jury to retire or modify the instruction under which counsel objected to the instruction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Petersen, 513 F.2d 1133 (9th Cir. 1975):
He then invited counsel to state any other objections, and the government attorney outside the presence of the jury informed the court of the problem of United States v. Urbanis, 490 F.2d 384 (9th Cir.), cert. denied, 416 U.S. 944, 94 S.Ct. 1952, 40 L.Ed.2d 296 (1974), and of United States v. Cummings, 468 F.2d 274 (9th Cir. 1972). Although both counsel objected to the instruction, the court declined to withdraw or modify it.
"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
When a party raises a contemporaneous objection to a jury instruction, does the court have to review the original instruction or grant a new trial? (MultiRegion, United States of America)
Can a defense counsel for the Spans appeal the instructions of the District Court's instructions de novo on sexual assault? (MultiRegion, United States of America)
In what circumstances will a federal court disqualify a defendant's chosen counsel for failing to disqualify the trial counsel because of a conflict of interest? (MultiRegion, United States of America)
Does the court allow defense counsel to proceed with closing argument under the mistaken assumption that the jury will receive a certain instruction? (MultiRegion, United States of America)
How have courts treated the implied consent of counsel in cases where counsel objected to certain evidence at trial? (MultiRegion, United States of America)
In what circumstances have courts sustained the constitutionality of a statute which allows a defendant to request to be tried by the court instead of by the jury? (MultiRegion, United States of America)
Does counsel's refusal to renew his objection because it was so forcefully presented and unequivocally rebuffed by the court that it was apparent that further efforts to object would be unavailing? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
In what circumstances will the court allow the defense counsel to argue that no jury charge can be given at trial because venue does not exist? (MultiRegion, 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)
