 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
BUSH v. STATE12/1/1995
ve been interpreted by a reasonable juror to allow a finding of guilt based on a degree of proof below that degree required by the Due Process Clause, i.e., proof beyond a reasonable doubt of every fact necessary to constitute the crime with which the accused is charged. In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). Cage v. Louisiana is distinguishable from this case. We think that the definition of reasonable doubt given the jury in this case correctly conveyed the concept of reasonable doubt and was not misleading or confusing. The instruction is not constitutionally deficient as contended by the appellant. We find no plain error in this instruction.
The appellant contends that the trial court's instruction to the jury on circumstantial evidence "erroneously diminished the state's burden of proof . . . by suggesting that if certain predicate facts were proved beyond a reasonable doubt, [the jury] could also find other facts if the latter 'naturally and reasonably flowed' from the predicate facts." In reference to circumstantial evidence, the trial court instructed the jury as follows:
"When we talk about what someone intends, what is someone's purpose, that's looking into somebody else's head. And rarely, if ever, can we have direct proof of such elements as what someone means to do, what someone intends to do. You're entitled to consider everything you've heard from that stand, the totality we call it, of everything you heard. You're entitled to consider the circumstances. We call that circumstantial evidence. And from which a jury may infer other connective facts which though not actually proven do reasonably come from the facts they did prove. That is as opposed to direct proof. And circumstantial evidence is properly before you and should be considered by you, along with all the other evidence; and a conviction can be based on circumstantial evidence if the State has proven beyond a reasonable doubt the facts upon which the inference is drawn, and if the other facts do naturally flow from what they did prove. In other words, if they prove A to you beyond a reasonable doubt, if the State does, and if the State proves B to you beyond a reasonable doubt, you're entitled to infer, therefore, C if C does naturally and reasonably flow or come from what they did prove."
We have reviewed this instruction in the light of the entire charge, and conclude that it was neither improper, misleading, nor confusing. We find no plain error in the giving of this instruction.
The appellant contends that the trial court's instruction on accomplice liability allowed the jury to convict him of capital murder without the required finding that he possessed the intent to kill. He objected at trial to the court's instruction on accomplice liability, but only on the basis that the accomplice liability statute in capital cases was unconstitutional. The issue now raised was not raised at trial and, thus, must be reviewed under the plain error rule. The trial court's instruction on accomplice liability was as follows:
". . . f you find that the murder of the intentional killing type, the murder of Larry Dominguez, was committed by someone other than the defendant, the defendant is guilty of that intentional killing type if, but only if, you find beyond a reasonable doubt either that the defendant intentionally procured, induced or caused the other person to commit the murder, or that the defendant intentionally aided or abetted the other person's commission of the murder, only if you're convinced beyond a reasonable doubt either that both of those situations exist as a fact, either or both, can you find the defendant guilty of an intentional killing, murder, which
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|