· 3/31/1994
Osgood v. Bucking-Reddy
Citations
- 202 A.D.2d 920
- 609 N.Y.S.2d 690
- 1994 N.Y. App. Div. LEXIS 3082
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that if defendant fails to object to absence of “defense-benefitting instructions” in jury charge, “the trial court will have committed no error at all” by failing to submit such instructions
- noting the Posey court said Article 36.14 of Texas Code of Criminal Procedure imposes no “duty on trial courts to sua sponte instruct the jury on unrequested defensive issues” such as mistake of fact
- whether defendant objected to error simply determines which of Almanza’s dual standards of review applies to determine whether error is reversible
- trial court must “deliver to the jury . . . a written charge distinctly setting forth the law applicable to the case.”
- “we have found jury- charge error where a trial court fails to apply its abstract charge on self-defense to the particular facts of the case at hand”
- “[A] trial court does not err 6 Durham’s charge objections were as follows: 24 by failing to instruct the jury on an issue that was, by virtue of the defendant’s silence, simply inapplicable to the case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mercure, Weiss
Read full opinion on CourtListenerSourced 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.