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· 5/13/1996

United States v. Randall Dwayne Muse

Citations

  • 83 F.3d 672
  • 1996 U.S. App. LEXIS 11232
  • 1996 WL 243658

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 district court may not remove a stipulated element from the jury’s consideration
  • holding that it was “within the court’s discretion” for it to “instruct[] the jurors that . . . an extraneous consideration was not their concern.”
  • concluding that the stipulation must be submitted to the jury and suggesting that, to preserve a defendant’s Fifth and Sixth Amendment rights, the jury should be instructed that it may, but need not, find that the stipulated element has been proved beyond a reasonable doubt
  • upholding the authority to give an “appropriate corrective instruction” even after closing when counsel argued “an extraneous consideration”
  • noting, in the context of a jury trial, that the government must prove “beyond a reasonable doubt all the elements involved in the crime charged—even if the defendant and the government have entered a stipulation as to certain of those elements”
  • “A court may not by-pass the jury and enter its own finding that the element has been established.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murnaghan, Motz, Butzner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.