refusing to recall jury two years after trial to question individual jurors about potential prejudice
How later courts described this case
- refusing to recall jury two years after trial to question individual jurors about potential prejudice
- finding that “ambiguous and equivocal jury instruc- tions” on an important issue constitute reversible error
- "Use of a weapon ... in a way that causes death is evidence of malice...."
- challenged instruction followed by statement that "[y]ou are not obliged to so find, however"
Written by the judges who cited it.
The opinion
BOOCHEVER, Circuit Judge,
concurring:
I believe there was sufficient evidence of intoxication to require giving the requested instructions on diminished capacity and voluntary intoxication. See United States v. Polizzi, 801 F.2d 1543, 1549 (9th Cir.1986).