Legal Opinion · Dissent

Government of the Virgin Islands v. Louis Smith

Court of Appeals for the Third Circuit

Decided November 22, 1991No. 90-3652Published

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

  1. United States v. FradySupreme Court of the United States · 1982
  2. United States v. YoungSupreme Court of the United States · 1985
  3. Henderson v. KibbeSupreme Court of the United States · 1977
  4. United States v. AtkinsonSupreme Court of the United States · 1936
  5. Martin v. OhioSupreme Court of the United States · 1987

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