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Home / Opinion Digests / Criminal Law / Writ Granted for Missing Jury Instruction (access required)

Writ Granted for Missing Jury Instruction (access required)

At defendant’s trial for the fatal stabbing of a man who purportedly provoked a fight with defendant, the district court should have granted defendant’s habeas petition alleging his trial counsel provided ineffective assistance by failing to request a jury instruction defining “heat of passion”; the 4th Circuit reverses and remands with instructions to grant a ...

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