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Home / Opinion Digests / Criminal – Jury Instruction – Burden-Shifting – Rule 5A:18 (access required)

Criminal – Jury Instruction – Burden-Shifting – Rule 5A:18 (access required)

Even if defendant’s claim for a burden-shifting jury instruction is before the court on the theory that trial counsel never withdrew the instruction, the Court of Appeals says the trial court did not abuse its discretion in refusing the jury instruction because the subject was covered by other jury instructions and the prosecutor did not ...

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