Criminal Law
: Capital Defense WeeklyPer curiam: Hedgpeth v. Pulido
By Karl R. Keys, Esq. (all)
“The United States Supreme Court issued one decision today. In Hedgpeth v. Pulido, the Court issued a per curiam decision, with 3 justices dissenting as to the remand, in which it held that a conviction based on jury instructions containing more than one theory of guilt, where one theory is invalid, is to be judged under the harmless error standard. The Ninth Circuit had found the error to be structural error.” [via Harmful Error] From that opinion: A conviction based on a general verdict is subject tochallenge if the jury was instructed on alternative theories of guilt and may have relied on an invalid one. See Strom-berg v. California, 283 U. S. 359 (1931); Yates v. United States, 354 U. S. 298 (1957). In this case the Court of Appeals for the Ninth Circuit held that such an error is?structural error,? requiring that the conviction be set aside on collateral review without regard to whether the flaw in the instructions prejudiced the defendant...continue to full post
Full post as published by Capital Defense Weekly on December 02, 2008 (boomark / email).
Hedgpeth v. Pulido:
Today the Supreme Court handed down a decision in Hedgpeth v. Pulido on the standard for reviewing errors in jury instructions: Should such errors be subject to harmless error review...
Arguments Today
Today, I expect, will be spank the Ninth Circuit again day at the U.S. Supreme Court...
Today’s Opinions | 12.2.08
The Court has released an opinion in Hedgpeth v. Pulido (07-544), on whether, during habeas review, federal courts may determine erroneous instructions on which the jury may have relied to constitute “structural error” requiring reversal...
High Court Issues Ruling on Alternative Jury Instructions
The U.S. Supreme Court ruled today that a federal appeals court jury verdict can be challenged when the jury may have relied on an invalid instruction regarding guilt...
Claim That Jury Instructed On Multiple Theories May Have Found Guilt On Invalid One Is Subject to Harmless Error Review
Hedgpeth v. Pulido, No. 07-544 (U.S. Dec. 2, 2008) (per curiam) The opening paragraph of today's opinion from the Supreme Court sums up the decision tidily: A conviction based on a general verdict is subject to challenge if the jury was instructed on alternative theories of guilt and may have relied on an invalid one...
Supreme Court rules harmless error standard applies in jury instructions case
[JURIST] The US Supreme Court ruled in a per curiam opinion Tuesday in Hedgpeth v...
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