Government of the Virgin Islands v. Louis Smith
Court of Appeals for the Third Circuit
1DissentAlito, Circuit Judge
In my view, the district court did not commit "plain error" by failing to give a specific instruction stating that the prosecution was required to prove beyond a reasonable doubt that the homicide charged in this case was not committed in self-defense. As the majority notes, the district court told the jury that the prosecution was required to prove guilt beyond a reasonable doubt (J.A. at 121) and that "the defendant never has a burden of proving anything." (J.A. at 122.) The court also gave a correct instruction on the elements of self-defense. (J.A. at 134-37.) Because the defendant's…
2Cases cited18 opinions
- United States v. FradySupreme Court of the United States · 1982
- United States v. YoungSupreme Court of the United States · 1985
- Henderson v. KibbeSupreme Court of the United States · 1977
- United States v. AtkinsonSupreme Court of the United States · 1936
- Martin v. OhioSupreme Court of the United States · 1987
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