State v. Tahair

How courts have described this case

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

• emphasizing difference between what jury might infer on its own and what it might conclude when evidence is highlighted by jury instruction
• emphasizing difference between what jury might infer on its own and what it might conclude when evidence is highlighted by jury instruction
• noting that plain error exists “only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights”
• “missing witness instruction” should no longer be given in criminal cases, but no restriction on trier of fact’s ability to “naturally” infer that an absent witness’s testimony would have been unfavorable
• post-charge objection not made therefore objection not preserved, even though raised and ruled upon at a charge conference
• “For more than one hundred years, this Court—in conformity with most other state and federal courts—has approved a ‘missing witness’ instruction.”

Source: CourtListener parenthetical corpus (CC0).