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Instructions matter: Polk gets second degree verdict

Background: For many, many years criminal defense attorneys in Nevada argued that standard jury instructions on first degree murder were unconstitutional, invalid and otherwise bad as they muddled the distinction between first and second degree murder and did not give adequate attention to the mens rea elements of premeditation, deliberation and willfulness. For many, many years the Nevada Supreme Court disagreed and approved of the bad instructions. Then in 2000, in Byford v. State, the Court agreed that the standard instructions were bad and ordered that new instructions be given. Shortly thereafter, in Garner v. State, the Court held that Byford was not based upon constitutional error, refused to give Byford retroactive application and also refused to apply the rule to cases pending on direct appeal at the time Byford was issued...continue to full post

Full post as published by Harmful Error on August 07, 2008 (boomark / email).