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High Court Won't Hold Prosecutors To Bad Jury Instructions

Law360, Los Angeles (January 25, 2016, 11:36 PM EST) -- The U.S. Supreme Court’s decision Monday to uphold an ex-shipping executive's criminal conviction for hacking his former employer resolves a circuit split in favor of prosecutors over erroneous criminal jury instructions, letting the government off the hook in rare instances when it fails to object to incorrect instructions, experts said.

The high court's unanimous opinion holds that former Exel Transportation Services Inc. CEO Michael Musacchio could not on appeal hold prosecutors to an unchallenged erroneous jury instruction that, worded as it was, set a higher bar for...
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