· 7/19/2013
United States v. Rudy Garcia
Citations
- 729 F.3d 1171
- 2013 WL 3766663
- 2013 U.S. App. LEXIS 14636
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that instruction that tracks statutory text and does not omit element is not erroneous
- explaining that harmless error includes the consideration of “whether the element at issue is sufficiently explained, given the totality of the instructions”
- noting that “an instruction tracking a statute is generally not erroneous”
- contrasting victim's prior convictions known to defendant at time of charged incident with subsequent convictions for purpose of defendant's state of mind, noting that latter would be irrelevant for that purpose and inadmissible
- where witness testified that the victim never possessed firearms, defendant should have been permitted to introduce photographs that impeached witness’s credibility
- “We have consistently held that involuntary manslaughter requires proof beyond a reasonable doubt that the defendant acted with gross negligence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Fisher, Quist
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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