· 2/13/1926
Aguilar Land Asso. v. Commissioner
Citations
- 3 B.T.A. 705
- 1926 BTA LEXIS 2580
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining the “critical” distinction between a jury permissibly finding actual knowledge through circumstantial evidence and impermissibly finding a defendant constructively “should have known”
- prosecutor repeatedly misstated the element of actual knowledge as being met if the defendant “should have known.”
- “[T]he ‘should have known’ standard is incorrect; the jury must find that Allen actually knew Clemmons was going to murder the four police officers.”
- “To pass constitutional muster, the jury must find actual knowledge but may make such a finding with circumstantial evidence.”
- where the prosecutor repeatedly misstated the law with regard to \knowledge\ and accomplice liability, the court found a substantial likelihood that the misconduct had prejudiced the defendant
- when a trial court overrules the defense’s timely objection to the State’s mischaracterization of a legal standard, it can “potentially lead[] the jury to believe that the . . . [mischaracterization] was a proper interpretation of law”
Source: CourtListener parenthetical corpus (CC0).
Judges: James, Littleton, Smith, Teussell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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