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North Dakota Prisoner’s Conviction for Assault on Guard Vacated Due To Erroneous Jury Instruction
by David M. Reutter
On May 26, 2022, the SupremeCourt of North Dakota vacated a state prisoner’s conviction for aggravated assault of a guard because the trial court committed error by instructing the jury on the wrong law under which he was charged.
While held at the North Dakota State ...
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More from this issue:
- COVID-19 Injunction Lapses in Oregon, Another Fails in Massachusetts, by Mark Wilson
- Unending ‘Crisis’ in San Diego County Jails: Hundreds Dead, Millions in Legal Payouts, by Jo Ellen Nott
- From the Editor, by Paul Wright
- Maine Caps Price of Phone Calls in State Prisons and Jails, by Benjamin Tschirhart
- San Diego County Pays $250,000 After Detainee Suicide in County Jail, by Jayson Hawkins
- New Federal ‘Fresh Start’ Student Loan Policy May Help Prisoners in Default, by Matthew Clarke
- Excessive-Force Claim by Now-Incarcerated Former Maryland Guard Survives, by Harold Hempstead
- South Carolina Judge Halts State Executions by Electrocution and Firing Squad, by Edward Lyon, David Reutter
- Michigan Supreme Court Says Prisoner’s Possession of Cell Phone by Itself Doesn’t Show Threat to Security, by David Reutter
- Ohio County Pays $2.5 Million for Photographing Female Detainees’ Tattooed Private Areas, by Kevin Bliss
- San Diego County Pays $3.488 Million After Jail Detainee Dies in Cell Extraction, by Chuck Sharman
- Federal Judge Calls Out BOP’s ‘Plinko’ Tactics, Orders Surgeon Found for Trans Prisoner’s Gender-Confirming Procedure, by Jacob Barrett
- San Diego County Pays $8.1 Million After Jail Guard Fatally Shot Fleeing Detainee in the Back, by Chuck Sharman
- The Catalog of Carceral Surveillance: Tablet Advertising That Can Also Issue Discipline, by Dave Mass
- Rifles, Tasers and Jails: How Cities and States Spent Billions of COVID-19 Relief, by Susie Cagle, Weihua Li, Anastasia Valeeva
- North Dakota Prisoner’s Conviction for Assault on Guard Vacated Due To Erroneous Jury Instruction, by David Reutter
- DOJ Finds Unconstitutional Conditions at Mississippi State Penitentiary in Parchman, by David Reutter
- Washington DOC Fined $84,000 for Health Code Violations Found After TB Outbreak, by Jacob Barrett
- Georgia Jail Settles Suit Filed by Mentally Ill Female Detainees With Policy Changes and $1.2 Million in Attorney Fees and Costs, by Matthew Clarke
- Tenth Circuit Vacates Oklahoma Prisoners’ Witness Tampering Conviction, by David Reutter
- Condemned Alabama Prisoner Now Spared Twice, by Chuck Sharman
- Gang Violence in Texas Federal Prison Results in Two Deaths, Nationwide BOP Lockdown, by Keith Sanders
- Hawaii Governor Finally Appoints Coordinator for State DOC Oversight Commission, by Douglas Ankney
- $6,000 Sanction for Mississippi Federal Prosecutor Who Lied to Court About COVID-19 Vaccination Status, by David Reutter
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- Tennessee Governor Suspends Executions, Orders Investigation Into Lethal Injection Process, by Harold Hempstead
- Nebraska Supreme Court Says Revocation of Post-Release Supervision Does Not Bar Prisoner From Earning Good Time Credit, by David Reutter
- Seventh Circuit: Chicago Police Department’s 30-Day Claim-or-Forfeit Policy for Arrestee Property Is Constitutionally Adequate, by Casey Bastian
- Over $386,000 Awarded to Mississippi Prisoner, Plus Hip Surgery He Was Denied, by David Reutter
- Eighth Circuit Rules Federal Prisoner Need Only Know Item Is Prohibited To Support Conviction for Possession of Contraband, by David Reutter
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More from David Reutter:
- First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024
- Louisiana Fights Federal Court Order to Remedy “Callous and Wanton Disregard” for Angola Prisoners’ Healthcare, June 1, 2024
- “Are You Freaking Kidding Me?” Former BOP Warden Accuses Guards of Recruiting Prisoners for Assaults at Troubled Lockup in Illinois, June 1, 2024
- $20.5 Million Settlement for Two Kentucky Prisoners Exonerated and Freed After 22 Years, June 1, 2024
- $5 Million Settlement in Death of Georgia Prisoner Left by Guards in Cell on Fire, June 1, 2024
- Watchdog Finds “Alarming Conditions” at BOP Women’s Lockup in Florida, June 1, 2024
- Report Finds Current Path of Florida Prison System “Unsustainable”, June 1, 2024
- $700,000 Jury Verdict for Wisconsin Prisoner Denied Due Process in Disciplinary Hearing, June 1, 2024
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
More from these topics:
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Nearly 5,000 Sexual Victimizations Counted in Three Years in U.S. Prisons and Jails, Oct. 15, 2023. Staff-Prisoner Assault, Prisoner-Staff Assault, Staff-Staff Assault, Databases, BOP Litigation Reports.
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, May 15, 2023. Jury Instructions, Jurors - Alternates.
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, April 15, 2023. Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error.
- New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial, March 15, 2023. Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony.
- Hundreds Convicted by Split Juries Will Have New Trials After Oregon Supreme Court Decision, Jan. 12, 2023. Jury Instructions, New Trial Motions.
- More Victims Added to Sex Abuse Indictment of Former Federal Prison Warden in California; Former Chaplain Sentenced for Role in ‘Rape Club’, Oct. 31, 2022. Prisoner-Staff Assault, Guard Misconduct.
- Sixth Circuit Reinstates Suit of Kentucky Jail Detainee Impregnated by Guard, Finds Genuine Factual Dispute Over Consent, July 15, 2022. Prisoner-Staff Assault.