Idaho Supreme Court· 9/13/2011

State v. Draper

Citations

261 P.3d 853
151 Idaho 576
2011 Ida. LEXIS 132

How courts have described this case

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

holding that if an omitted element is uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the error is harmless
noting that errors in jury instructions are generally not reviewable if not objected at trial but are raised for the first time on appeal
holding the omitted element was not harmless because the defense vigorously contested the omitted element
holding it was reversible error where an element of the crime was misnumbered in the written instruction such that it may have effectively omitted several elements from the instruction
explaining that the State must prove all elements of a charge
finding \[t]he failure to clearly require the jury to find that an overt act was committed for the purpose of advancing the conspiracy relieved the state of its burden\

Source: CourtListener parenthetical corpus (CC0).

Judges: Horton, Jones, Burdick, Eismann

Read full opinion on CourtListener

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

78 cases in this archive are cited by this case; the 20 most cited are listed.

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