Cavanaugh v. Geballe

How courts have described this case

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

• sufficient evidence of extreme atrocity or cruelty where defendant fired seven shots at victim with handgun
• error repeated in response to jury question and in subsequently provided written copy of charge
• where provocation at issue, judge’s erroneous instructions on burden of proof on provocation gave rise to substantial likelihood of miscarriage of justice
• evidence that defendant believed victim, whom he knew carried gun in past and had made gesture of reaching for gun at his hip, permitted self-defense instruction
• main charge, oral supplementary instruction, and written supplementary instruction all incorrect
• error in oral charge repeated in written charge

Source: CourtListener parenthetical corpus (CC0).