What is the effect of erroneous presumption on a disputed element of the crime?
MultiRegion, United States of America
The following excerpt is from McGinnis v. Blodgett, 67 F.3d 307 (9th Cir. 1995):
1 Cf. Connecticut v. Johnson, 460 U.S. 73, 85 (1983) ("An erroneous presumption on a disputed element of the crime renders irrelevant the evidence on the issue...." (emphasis added)).
"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 defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
What is the test for a jury instruction that erroneously describes an element of the crime as an act of violence? (MultiRegion, United States of America)
What are the elements of the substantive crime and the conspiracy crime? (MultiRegion, United States of America)
Is the presumption that there is some indication of intent required to dispense with mens rea as an element of a crime? (MultiRegion, United States of America)
What are the elements of the federal crime of attempted possession with intent to distribute and the state crime of purchasing cocaine base for purposes of sale? (MultiRegion, United States of America)
Is the date of an alleged crime not an element of the crime? (MultiRegion, United States of America)
What are the elements of the federal crime of attempted possession with intent to distribute and the state-defined crime of purchasing cocaine base for purposes of sale? (MultiRegion, United States of America)
In a motion to vacate the conviction of a defendant for failing to read the elements of the crime in the allocution, what is the current state of the law on this basis? (MultiRegion, United States of America)
What is the current state of the law when it comes to determining the elements of a criminal conviction based on a single crime? (MultiRegion, United States of America)
