Narvaez v. Vornado Realty Trust

How courts have described this case

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

• one correct instruction sandwiched between two incorrect instructions; substantial risk of miscarriage even where final words in supplemental instruction were correct
• “Where the error was invited by the defendant, our review is limited to whether a substantial risk of a miscarriage of justice occurred”
• although primary issue at trial was self-defense, erroneous instruction on provocation created substantial risk of miscarriage of justice where evidence at trial raised issue of provocation
• “Where the error [in giving an instruction] was invited by the defendant, our review is limited to whether a substantial risk of a miscarriage of justice occurred”
• “here the one correct instruction on the Commonwealth’s burden of proof on provocation in the judge’s final instructions to the jury at the close of evidence was sandwiched between two incorrect instructions”
• one correct instruction sandwiched between two incorrect instructions

Source: CourtListener parenthetical corpus (CC0).