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· 3/11/2022

Lillian E. Smith v. Craig Hopper, as Permanent Guardian of the Estate of Margaret Virginia Landgrebe

How courts have described this case

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

  • noting that the use of the term without surrounding clarifying language can be reversible error
  • noting that the use of the term without surrounding clarifying language can be reversible error
  • reversal of conviction of murder in first degree and rape based on flawed “moral certainty” instruction
  • “A constitutionally deficient reasonable doubt instruction amounts to a structural error which defies analysis by harmless error standards”
  • no requirement that full Webster charge be given as long as other language lends content to moral certainty language
  • both finding error in use of moral certainty language in absence of sufficient clarification

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.