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Hall v. State

Supreme Court of Arkansas
Dec 9, 1996
933 S.W.2d 363 (Ark. 1996)

Opinion

CR 95-166

Opinion delivered December 9, 1996

APPEAL ERROR — PETITION FOR REHEARING DENIED. — The supreme court denied appellant's petition for rehearing, pointing out that the United States Supreme Court case on which appellant relied did not hold that a finding of prejudicial error is compelled by an erroneous jury instruction that omits an element of the government's burden of proof.

Petition for Rehearing; denied.

Appellant, pro se.

Winston Bryant, Att'y Gen., by: Vada Berger, Asst. Att'y Gen., for appellee.


Hall petitions for rehearing and cites U.S. v. Gaudin, ___ U.S. ___, 115 S.Ct. 2310 (1995), for the proposition that our decision improperly failed to entertain the jury-instruction issue raised herein as a structural error. We deny Hall's petition by pointing out that Gaudin does not hold that an erroneous jury instruction which omits an element of the government's burden of proof compels a finding of prejudicial error. See also California v. Roy, ___ U.S. ___, (No. 95-2025, Nov. 4, 1996).


Summaries of

Hall v. State

Supreme Court of Arkansas
Dec 9, 1996
933 S.W.2d 363 (Ark. 1996)
Case details for

Hall v. State

Case Details

Full title:Rammie Earl HALL v . STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Dec 9, 1996

Citations

933 S.W.2d 363 (Ark. 1996)
933 S.W.2d 363