· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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