Legal Opinion
Cruz v. State
Court of Appeals of Maryland
Decided January 23, 2009No. 10, September Term, 2008PublishedCited by 30 opinions
1Opinion of the CourtAdkins, J.
We are asked to decide whether a supplemental jury instruction on a new theory of culpability that is supported by the evidence given during jury deliberations can result in prejudice to a defendant that merits a new trial. Oscar A. Cruz was convicted by a jury in the Circuit Court for Montgomery County of second degree assault. Before closing argument the State requested a jury instruction on the common law battery version of assault, but did not request an instruction on either of the two other types of common law assault: intentionally frightening another with the threat of an immediate…
2Cases cited15 opinions
- Herring v. New YorkSupreme Court of the United States · 1975
- Snowden v. StateCourt of Appeals of Maryland · 1991
- United States v. Jeffrey Gaskins, AKA Jeffery GaskinCourt of Appeals for the Ninth Circuit · 1988
- United States v. Willie HortonCourt of Appeals for the Fourth Circuit · 1990
- Lamb v. StateCourt of Special Appeals of Maryland · 1992
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3Cited by30 opinions
- Commonwealth v. MelvinSuperior Court of Pennsylvania · 2014
- United States v. AlstonCourt of Appeals for the Fourth Circuit · 2010
- Atkins v. StateCourt of Appeals of Maryland · 2011
- Snyder v. StateCourt of Special Appeals of Maryland · 2013
- United States v. DonnellCourt of Appeals for the Fourth Circuit · 2011
25 more not listed; retrieve them via the Exa API.