UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE
v.
HAROLD T. WOSEPKA, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE
HAROLD T. WOSEPKA, DEFENDANT-APPELLANT
787 F.2d 1294
United States Court of Appeals for the Ninth Circuit (1985)
Positive Treatment
Cited by 17 cases
Opinion of the Court
The opinion filed April 9, 1985, 757 F. 2d 1006, is modified as follows:
The first three sentences of the paragraph at the bottom of the first column, page 1009 are deleted and replaced with the following:
We do not find United States v. Witt, 648 F. 2d 608 (9th Cir.1981), to the contrary. Witt found that the trial judge’s failure to provide a definition of reasonable doubt was not reversible error. It also noted that “ ‘an omission or an incomplete instruction is less likely to be prejudicial than a misstatement of the law.’ ” Witt, 648 F. 2d at 610 (quoting Henderson v. Kibbe, 431 U.S. 145, 155, 97 S.Ct. 1730, 1737, 52 L.Ed.2d 203 (1977)). Wosepka involves an instruction which did not fairly or accurately convey the meaning of a reasonable doubt — an instruction Witt recognized as a potential ground for reversal. Furthermore, Witt does not authorize the elimination of explanatory reasonable-doubt instructions in all cases.
The remainder of the paragraph is not changed.
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United States v. Pungitore, 910 F.2d 1084 (3d Cir. 1990)
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Ruiz v. Immigr. & Naturalization Serv., 838 F.2d 1020 (9th Cir. 1988)
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Ruiz v. Immigr. & Naturalization Serv., 813 F.2d 283 (9th Cir. 1987)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henderson v. Kibbe, 431 U.S. 145 (U.S. 1977)
- United States v. Bates Baird Witt, 648 F.2d 608 (9th Cir. 1981)
- United States v. Wosepka, 757 F.2d 1006 (9th Cir. 1985)