Legal Opinion

White v. United States

District of Columbia Court of Appeals

Decided July 28, 1992No. 89-CF-629PublishedCited by 45 opinions

1Opinion of the Court

ON REHEARING EN BANC

Before ROGERS, Chief Judge, and FERREN, TERRY, STEADMAN, SCHWELB, WAGNER and KING, Associate Judges. STEADMAN, Associate Judge:

A key part of any criminal jury trial is the trial court’s instruction to the jury setting forth the elements of the offense of which the defendant stands accused. Occasionally, as in the proceeding on appeal, the trial court will omit an essential element, and the omission is not called to the court’s attention by either party. 1 The issue now before us en banc is what consequence should ensue when the omission is first raised at the appellate…

2Cases cited43 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  5. United States v. FradySupreme Court of the United States · 1982

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3Cited by45 opinions

  1. Wilson-Bey v. United StatesDistrict of Columbia Court of Appeals · 2006
  2. Ruffin v. United StatesDistrict of Columbia Court of Appeals · 1994
  3. Clark v. United StatesDistrict of Columbia Court of Appeals · 1993
  4. Peterson v. United StatesDistrict of Columbia Court of Appeals · 1995
  5. Perry v. United StatesDistrict of Columbia Court of Appeals · 2011

40 more not listed; retrieve them via the Exa API.

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