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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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- News in Brief
More from David Reutter:
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- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- 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.