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5 District of Columbia opinions name it 1 courts 2012–2022 1 in the last five years
The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Comber v. United Statesgreen1 sentence2015Because “malice” is defined as a subjective awareness that one’s conduct creates an extreme risk of death or serious bodily harm, see Comber v. United States, 584 A.2d 26, 39 (D.C.1990), the committee revising D.C.’s model jury instructions chose to remove the language “extreme indifference to human life” from the previous pattern instruction and replace it with *206 “was aware that his/her conduct created an extreme risk of serious bodily injury ... but engaged in that conduct nonetheless.” Criminal Jury Instructions for the District of Columbia, No. 4.103. | 1 | 1 |
Wilson-Bey v. United Statesgreen2 sentences2012Wilson-Bey disapproved this portion of the pattern instruction because it unconstitutionally allowed conviction of a defendant as an aider and abettor without proof that the defendant possessed the mens rea necessary to commit the charged offense. 903 A.2d at 845 . .This language, which Wilson-Bey approved, 903 A.2d at 831, 835 , continues to appear in the pattern instruction on aiding and abetting liability. 2012Wilson-Bey disapproved this portion of the pattern instruction because it unconstitutionally allowed conviction of a defendant as an aider and abettor without proof that the defendant possessed the mens rea necessary to commit the charged offense. 903 A.2d at 845 . .This language, which Wilson-Bey approved, 903 A.2d at 831, 835 , continues to appear in the pattern instruction on aiding and abetting liability. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Arthur Andersen LLP v. United States
green
2 sentences2015The Supreme Court instead disapproved of three changes the trial court had made to the pattern instruction by adding the word “impede” to “subvert” and “undermine,” by removing the word “dishonestly,” and by inserting a statement that “even if [petitioner] honestly and sincerely believed that its conduct was lawful, you may find [petitioner] guilty.” Id. 2015The Supreme Court instead disapproved of three changes the trial court had made to the pattern instruction by adding the word “impede” to “subvert” and “undermine,” by removing the word “dishonestly,” and by inserting a statement that “even if [petitioner] honestly and sincerely believed that its conduct was lawful, you may find [petitioner] guilty.” Id. | 2 | 2015–2015 |
Brandon Andrews v. United States
green
1 sentence2022We may exercise that discretion when we perceive the lack of prejudice to be “obvious.” Id. 31 Andrews, 125 A.3d at 321 . 32 The judge stated: 19 the pattern instruction to omit the reference to finding that appellant was the aggressor. 33 Nevertheless, any error arising from the inclusion of that reference was harmless, as we have “fair assurance . . . that the judgment was not substantially swayed by the error.” 34 We found a similar error harmless in Garcia v. United States. 35 There, the trial court “properly and clearly instructed the jury on both involuntary manslaughter and negligent ho | 1 | 2022–2022 |
Randolph v. United States
green
1 sentence2022We may exercise that discretion when we perceive the lack of prejudice to be “obvious.” Id. 31 Andrews, 125 A.3d at 321 . 32 The judge stated: 19 the pattern instruction to omit the reference to finding that appellant was the aggressor. 33 Nevertheless, any error arising from the inclusion of that reference was harmless, as we have “fair assurance . . . that the judgment was not substantially swayed by the error.” 34 We found a similar error harmless in Garcia v. United States. 35 There, the trial court “properly and clearly instructed the jury on both involuntary manslaughter and negligent ho | 1 | 2022–2022 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.