Wednesday, December 03, 2008

If a tree's rights are violated in the woods but nobody hears it, does it make a sound?

In Hedgpeth v. Pulido, the U.S. Supreme Court explained yesterday in essence that when the trial court commits certain kinds of error with regard to the jury instructions, the appeals court should consider "whether the flaw in the instructions 'had substantial and injurious effect or influence in determining the jury's verdict.'"

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