Solomon Monk, Also Known as David L. Martin v. Colonel Gordon N. Zelez, Commandant

How courts have described this case

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

• holding that instruction erroneously equated reasonable doubt with \substantial doubt\ and with doubt that would prevent a person from acting in the \weighty and important\ affairs of life
• declaring unconstitutional instruction with same two defects as Nevada instruction and with \abiding conviction\ phrase
• use of the term \moral certainty\ could mitigate impact of other wording in instruction that might have lessened the state's burden of proof
• “The ‘willingness to act’ language identified by Monk has also been repeatedly criticized by this court and others.”
• “In this circuit, we have interpreted this language to limit our review of military convictions generally to jurisdictional issues and to determination of whether the military gave fair consideration to each of the petitioner’s constitutional claims.”
• “a jury instruction that utilizes substantial doubt language can and will require reversal unless it can be concluded beyond a reasonable doubt that the jury was not misled by this instruction”

Source: CourtListener parenthetical corpus (CC0).