different sets of instructions for the same offence. In Washington state,there are not mandatory jury instructions.There are pattern book and the lawers pick each case which they choose to use.In my case they used different sets on the to convict,is this an appealable issue?In keeping with this,I was originaly charged with second degree theft,The jury was hung,six months later I was tried again,this time I was convicted.When the prosecuter filed the second charging document,She charged my with 1 st degree theft.The entire trial was based on 2 nd degree,no one else knew or was aware of the 1 st degree charging,The clerks office said if it is caught now ,the second Degree coviction will be concidered A typo, and the reacord would be changed to first degree coviction.Didn't the prosecution have A duty to prove all element of the charge?If so would this warrent reconcideration?
2006-09-08
18:48:25
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7 answers
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asked by
foreversmilingirish
2
in
Law & Ethics