Criminal
Aug. 3, 2010
New Jury Instruction Struck Down
An appellate specialist who has spent the last year trying to topple a client's sexual assault conviction by attacking a jury instruction saw his efforts pay off last week.
Daily Journal Staff Writer
SAN FRANCISCO - An appellate specialist who spent nearly three years trying to topple a client's sexual assault conviction by attacking a jury instruction saw his efforts pay off last week.
In a decision issued Thursday, Oakland U.S. District Judge Phyllis J. Hamilton found the jury instruction in question, by leaving out a necessary element of the crime, contained a "constit...
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