United States v. Bernard Harrigan

How courts have described this case

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

• erroneous instruction on burden of proof not harmless error; instruction may have made difference between acquittal and conviction
• erroneous instruction on burden of proof not harmless error; instruction may have made difference between acquittal and conviction
• “the error was of such a nature that it could not be erased or diminished by the balance of the charge”
• where there was evidence of inconsistent statements by the suspect with regard to waiver, it is error for district court to find effective waiver without giving defendant opportunity to explore in detail the circumstances surrounding the waiver
• where there was evidence of inconsistent statements by the suspect with regard to waiver, it is error for district court to find effective waiver without giving defendant opportunity to explore in detail the circumstances surrounding the waiver
• “The function of a summary judgment proceeding is to determine whether a genuine issue of material fact exists. It is not ... to resolve issues of fact or to arrive at conclusions based thereon. Consequently, the finding of fact and conclusions of law entered . . . are superfluous!.]”

Source: CourtListener parenthetical corpus (CC0).