McGraw v. Betz (In re Bell)

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 in Ashkins relating to erroneous omission of a concurrence instruction simi- larly applies to question of whether trial counsel’s failure to request instruction was prejudicial for purposes of post- conviction relief
• finding such distinctions where evidence would support “diametrically different [jury] inferences” as to each of two incidents that could have supported coercion charge
• rejecting the petitioner’s argument that failure to request a concurrence instruction was “cate- gorically prejudicial”
• trial counsel’s failure to request concurrence instruction was prejudicial where individual jurors could have been persuaded by the state’s evidence “as to one of the alleged incidents, but not the other, or vice-versa, yielding an impermissible £mix-and-match’ verdict”

Source: CourtListener parenthetical corpus (CC0).