Thursday, August 04, 2011

Second Circuit -- U.S.A. v. Jackson

U.S.A. v. Jackson 



Sufficient evidence that deft told someone to kill someone else, despite killer testifying that there was no explicit instruction.


No error in barring defts prior taped statements, as they did not illuminate portions of tape introduced by govt as adverse party statements.. 


Where jury convicts on a lesser charge but can't reach agreement on a greater charge, a lesser included offense within the greater charge may be tried later without incurring Double Jeopardy - govt gets 'one complete opportunity.'


A possibly erroneous sentence which runs concurrently with a longer sentence does not sufficiently imperil substantial rights of deft.



Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.