What are the defects in instructions in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Scrivner, 116 F.3d 487 (9th Cir. 1997):
3 Another deficiency in the instructions is the failure to include the statutory "during and in relation to" language, as pointed out in United States v. Mendoza, 11 F.3d 126 (9th Cir.1993). Since Mendoza was decided before trial, and neither defendant objected on those grounds, review of the Mendoza claim would be for plain error. We include this defect in our consideration of the total effect of the faulty instructions.
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