No. 20-8226
IFP
Tags: criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2021-06-24
Question Presented (from Petition)
1). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE , THAT THEY CANNOT FIND
PETITIONER GUILTY OF A CERTAIN DEGREE OF MURDER AFTER ENTERTAINING A QUESTION
FROM THE JURY ON THE DEGREES OF MURDER? A DEGREE OF MURDER LISTED ON THE BILL OF
INDICTMENT?
2). CAN A TRIAL JUDGE GIVE AN ERRONEOUS CHARGE ON THIRD DEGREE MURDER THE SECOND
TIME AROUND AFTER GIVING THE CORRECT ONE THE FIRST TIME WHEN THE JURY ASKED FOR A
RE-CHARGE ON FIRST, SECOND AND THIRD DEGREE MURDER?
Question Presented (AI Summary)
Can a trial judge instruct a jury during a jury charge that they cannot find the petitioner guilty of a certain degree of murder after entertaining a question from the jury on the degrees of murder?
Docket Entries
2021-06-28
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-02-26
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Attorneys
In Re Francis Boyd
Francis Boyd — Petitioner