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Tag Archives: Jury Instructions

Real Property – Residential Property Condition Disclosure Act – Mold – Sellers & Real Estate Agent – Jury Instructions – Rule 59 — Evidence – State Agency Consent Order (access required)

Winters v. Fiddie Although the complaint does not cite the Residential Property Condition Disclosure Act, the complaint’s allegations are sufficient to state a claim under the Act. We reverse the trial court’s grant of a new trial. Otherwise, we affirm, and the jury’s verdict is reinstated.

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Criminal Practice – Jury Instructions – Accomplice Liability – Equivocal Evidence (access required)

Barber v. State Even though the state’s evidence tended to show that only defendant was armed with a semi-automatic handgun during the robbery, defense counsel elicited testimony that all three robbers were armed - one with a rifle and two with .380 handguns, the type of weapon forensic experts testified fired all the shots in the victim’s home that evening. Further, defense counsel outright argued that one of defendant’s accomplices was armed with a .380, suggesting that the accomplice was the only shooter.

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Criminal Practice – Search & Seizure – Appeals – Jury Instructions – ‘Inference’ (access required)

State v. Barno. Although trial counsel objected to a jury instruction on the inference of knowledge and possession that arises when a defendant controls the area in which drugs are found, at trial the argument was that the inference instruction was burden-shifting; however, on appeal, defendant argues that the trial court should have included an instruction allowing the jury to accept or reject the permissive inference of knowledge and possession.

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