· 10/12/2023
Matter of Llewellyn
Citations
- 220 A.D.3d 1046
- 196 N.Y.S.3d 250
- 2023 NY Slip Op 05178
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that harmless-error analysis of an unconstitutional burden-shifting instruction \requires an identification and evaluation of the evidence considered by the jury in addition to the presumption itself\
- holding that harmless-error analysis of an unconstitutional burden-shifting instruction “requires an identification and evaluation of the evidence considered by the jury in addition to the presumption itself’
- holding that harmless-error analysis of an unconstitutional burden-shifting instruction \requires an identification and evaluation of the evidence considered by the jury in addition to the presumption itself\
- holding that harmless-error analysis of an unconstitutional burden-shifting instruction \requires an identification and evaluation of the evidence considered by the jury in addition to the presumption itself\
- explaining that an error is harmless if it “appears ‘beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained’ ”
- stating that the instruction used at trial informed the jury that “malice is implied or presumed” when a deadly weapon is used (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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.