Betty Schwettmann v. Roger E. Haynes

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that erroneous instruction about malice did not present substantial likelihood of miscarriage of justice because “evidence that the defendant acted with malice is overwhelming”
• \reduced mental capacity is relevant to the jury's exercise of their broad discretion as a reflection of the community's conscience\
• judge's \slip of the tongue\ in context of correct instructions did not constitute reversible error
• no substantial likelihood of miscarriage of justice from misstatement that was made between two correct instructions and went unnoticed by experienced defense counsel
• Cunneen confirmed that defendant’s mental impairment only “an evidentiary factor that the jury could consider along with other delineated factors” in determining whether murder committed with extreme atrocity or cruelty
• no substantial likelihood of miscarriage of justice where misstatement in malice instruction was between two correct instructions; when instructions are construed as whole, little chance exists that jury would have misunderstood correct import

Source: CourtListener parenthetical corpus (CC0).