Redman v. Commonwealth

How courts have described this case

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

• holding that the mere failure to prove an element of the offense is insufficient to justify invocation of the “ends of justice” exception
• holding that, “to avail oneself of the exception, a defendant must affirmatively show that a miscarriage of justice has occurred, not that a miscarriage might have occurred”
• holding that in order to show a miscarriage of justice, appellant must demonstrate that he was convicted for conduct that was not a criminal offense or the record must affirmatively prove an element of the offense did not occur
• noting that, if a trial court could have corrected the error, but no objection was made, then appellate courts should not consider the issue except in rare instances
• noting that, if a trial court could have corrected the error, but no objection was made, then appellate courts should not consider the issue except in rare instances
• stating that the appellant “must affirmatively show that a miscarriage of justice has occurred, not that a miscarriage might have occurred”

Source: CourtListener parenthetical corpus (CC0).