What is the test for determining whether a defendant has been convicted of a criminal charge for failing to receive an instruction from a jury?
MultiRegion, United States of America
The following excerpt is from Moyer v. Johnson, No. 2:12-cv-01170-JKS (E.D. Cal. 2014):
the law. See Henderson v. Kibbe, 431 U.S. 145, 155 (1977). In those cases, the inquiry is whether the trial court's refusal to give the requested instruction "so infected the entire trial that the resulting conviction violates due process." Id. at 156-57; Estelle, 502 U.S. at 72.
"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
What is the test for determining whether a jury convicted a defendant of a range of criminal charges, including conspiracy to pervert the course of justice, has been found guilty of all charges relevant to this appeal? (MultiRegion, United States of America)
What is the "plain error" standard for a jury to determine whether a jury has failed to instruct a defendant not to enter into the trial? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Is a defendant's reluctance to engage in criminal activity a factor in determining whether they would be liable for criminal charges? (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)
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)
