Does a jury instruction misstate an element of the statutory crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tiedeman, 28 F.3d 110 (9th Cir. 1994):
We review de novo whether a jury instruction misstates an element of a statutory crime. United States v. Blinder, 10 F.3d 1468, 1477 (9th Cir.1993). "The proper inquiry is whether ... the trial court's instructions fairly and adequately covered the issues presented, correctly stated the law, and were not misleading." United States v. Tham, 960 F.2d 1391, 1399 (9th Cir.1991).
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