5th Circ. Adds To Split On Review Of Jury Instruction Errors

By Andrew Goldsmith (February 21, 2018, 3:37 PM EST) -- The Fifth Circuit added last month to a circuit split on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant's principal trial theory when the defendant challenges the instructions for the first time on appeal.

The majority in United States v. Fairley vacated Kenneth Fairley's convictions for theft of government property because the district court misstated the element of the crime on which Fairley "built his defense."[1] But a dissenter argued that Fairley's defense theory would have succeeded even under the instructions as given, if the jury had accepted the theory. By convicting him the jury...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!