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justified to kill another for nourishment to save oneself *Ambiguities in the statute must be decided in the defendant's favor. *Ejusdem generis- statute provides list of items then, other items are like those in the list. *Bars further proceeding because even if evidence is true, it won't satisfy the elements of the crime. *If conduct wasn't criminal at the time of the act, statute can be expanded to include it but wouldn't apply to the particular case. If statute is found to be unconstitutionally vague, it may be struck down.
Writ of Prohibition
For statute requiring act be voluntary, can't be forcibly carried to do act or be there against own will *If D was non-self induced unconscious at the time, it is a complete defense to criminal homicide *Not applicable if knew of circumstances that would create unconsciousness but engage in activity anyway.
Failure to instruct jury
If any evidence to support giving of instruction to jury and request is made for such, court must give instruction D must disclose all adverse authority unless done so by prosecution and disclose his own defenses of law but not necessarily the facts *Must find a duty of care to victim before finding guilty The judge was in error in defining a word in the instructions to the jury.
Defendant's failure to disclose
Lack of legal duty to care Erroneous Definition in Jury Instruction
must have knowledge of duty to be held guilty of statute. any trier of fact could have found essential elements of the crime beyond a reasonable doubt. that's what she means and anything else is irrelevant. *Factors to include are: (1) Prior relationship (bad blood) (2) Planning Activity (3) Manner of Killing Ineffective assistance of counsel Mistake of consent in rape Heat of passion (mitigate to 2nd degree murder) . knowledge that particular conduct is illegal is not required under the statute. *Where there are two versions of facts and possible that both are wrong. Has been allowed if D was mistaken about the age because he lacked the mens rea to commit the crime. it is assumed that it is a strict liability offense.Ignorance to criminal act Mistake of Age Willful blindness or deliberate ignorance are equally punishable as positive knowledge. Some element of mens rea where if the act was intentional. *In public welfare/regulatory offenses. Different from commission. they can be culpable. Attorney failed to ask TC for instruction or objection *When a woman says no. Insufficiency of evidence Reviewing court doesn’t ask whether it believes that the evidence established guilt beyond a reasonable doubt but the standard is if after reviewing evidence in light most favorable to prosecution. Lack of Mens Rea Mistake of Law Ignorance of duty under the law *In the omission of act. *Mistake of law defense is not allowed unless reasonably acted on official statement later found to be erroneous. *Where statute is silent on mens rea. Tyson. Sherry. no mistake of consent defense is available. *There must be some cooling off period between the formation of the intent to kill and the actual killing to show premeditation and deliberation. *Previously wasn't applicable in rape/sexual assault of minors and has been seen as a strict liability offense. *May consider mistake of law defense even if it was unreasonable to determine if he acted willfully.
People o Judge ruled on state of mind. *Subjective element. Must be immediate w/ no cooling off period. 112 o So long as sentence is within sentencing guideline there is no discretionary abuse • Virgin Islands v. *Imperfect defense if unreasonably believed he had to defend himself. Scuito o Judge abused power by denying psychological evaluation • Maher v.Provocation to kill (mitigate from 2nd degree to manslaughter) *Must be adequately provoked by a reasonable standard and caused to act rashly and without deliberation.If reasonable explanation for the EED *Statute was interpreted in error. Mere argument isn't enough and often to have disagreements in marriage. Must be in line with public policy. Extreme Emotional Disturbance (mitigate to manslaughter) *Requests mitigation due to mental infirmity not quite insanity. Usually from physical confrontation but maybe from words. p. which should be determined by the jury • Result: Remanded for new sentencing Rational-Basis Test • Lawrence v. TX • Result: ruling is overturned Mistake of Law • Result is dismissal of charges • If meaning of statute is foreseeable it can be expanded to encompass crime . Jackson.if D really did act w/EED *Objective element. Misapplication of the statute/ Insufficiency of the evidence Appealable Errors Discretionary Abuse • Judge is overzealous in his use of his power • US v.
Superior Court • Violation of Due Process o Lambert v. Liberta o Court must analyze the statute and must determine what was meant by the legislature to rule on its Constitutionality • Misapplication of the Law o Martin v. but the crime can be written into law for future occurrences o Keeler v. v.S. rape) .S. Dauray • Constitutionally Vague Statute: a statute is too vague if it gives no notice or the application is subject to discretion with no guidelines o Chicago v.o If not. demurrers. Morales o People v. Superior Court • Cannons of Construction: Meaning of terms and phrases may be determined by lists of associated terms and phrases o U.) can immediately be appealed o Barber v. California Mistake of Fact • Cannot be successful if it’s an issue of strict liability (i. State o B v. Director of Public Prosecutions • Pre-conviction Rulings o Error in pre-conviction requests (pre-trial motion to dismiss. Dauray • Rule of Lenity: Ambiguities in the law must be ruled in favor of defendant o U. etc. Superior Court o Boro v.e. v. statute cannot be expanded for crime at hand..
State • Staples v. the judge must instruct the jury on that defense o People v. State • Failure to instruct on a material element (ex: duty. Newton (black pantherà error by not instructing jury on unconsciousness as a defense) o Iron Mike Tyson v. Faulkner • Rejection of requested jury instructions o US v. US Rejection of Defense • People v. Jewell • Failure by Instruction o Cheek v. US § Jury instructed on willfulness when they should not have • Confusing Instructions .• Garnett v. US o Morissette v. intent) o Jones v. Cunningham § Ex: instructed jury that malice = wickedness • Instructions too broad o Regina v. US • Incorrect Definition o Regina v. Olsen • Result: Remanded for new trial Error in Jury Instruction • Result:Remand for new trial with correct instructions • Prejudicial Error o Court must consider all defenses o If defendant has any evidence to support his defense and requests an instruction on it.
no reasonable trier of fact could find guilty beyond reasonable doubt then previous ruling should be overturned • Result: overturn conviction • Appeals court cannot include their own version of facts. Rusk • State v. If.o State v. Marrero • Peace Officer allowed to carry gun Insufficient Evidence • State v. Fischer o Council failed to request proper jury instructions o Appeal was rejected because law they used to appeal was not in effect at the time of original trial . must use those found by trial court Improper Disallowance of Evidence • State v. court ruled that it should be on appeal • Result: Remanded for new trial Improper Penis-Pumping by Judge Inadequate Defense • Must be extreme: “mockery of justice” • Commonwealth v. DeLawder • Victims sexual history was not allowed. Guthrie o Instructions did not properly distinguish first and second degree murder o Result: remanded for new trial Mistake in Personal Interpretation of Law • Not allowed o Policy reasons: people would always appeal based on it • People v. Williams • Rule: must review the evidence in the light most favorable to the plaintiffs. after doing so.
appeal was on issue of fact. court rejected Incorrect jury instructions Statute was left out or improper statute was given Improper definition Denying a relevant defense Granting a summary judgment when there was an issue of fact Giving a verdict that is contrary the weight of the evidence Biased judge/jury Evidentiary errors? Errors in judgment? . it must be done based on the defense. Cannot appeal based on a different argument • Iron Mike Tyson v.o You can appeal based on ineffective council if council does not argue for a change in law when they should (this is rare but does happen) • Result: remanded for new trial Note on Appeals: When appealing. State à Defense was that she consented.
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