James Naff Gibson v. George Ortiz, Warden

How courts have described this case

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

• concluding that had the jury not been instructed that it could find that the defendant had committed the pri- or bad act by a preponderance of the evidence, there would have been no constitutional violation
• concluding that had the jury not been instructed that it could find that the defendant had committed the pri- or bad act by a preponderance of the evidence, there would have been no constitutional violation
• concluding that had the jury not been instructed that it could find that the defendant had committed the prior bad act by a preponderance of the evi- dence, there would have been no constitutional violation
• concluding that had the jury not been instructed that it could find that the defendant had committed the prior bad act by a preponderance of the evi- dence, there would have been no constitutional violation
• concluding that jury instructions allowing the jury to conclude based on a preponderance of the evidence that petitioner committed uncharged offenses, and infer based on the uncharged offenses that he had committed the charged offense impermissibly lowered the government's burden of proof
• concluding that jury instructions allow- ing the jury to conclude based on a preponderance of the evidence that petitioner committed uncharged offenses, and infer based on the uncharged offenses that he had committed the charged offense impermissibly lowered the government’s burden of proof

Source: CourtListener parenthetical corpus (CC0).