Pattern jury instructions are not approved legal authority until specifically adjudicated by court of appeals
JURY INSTRUCTION United States v. Ledford, No. 04-1213, ___ F.3d ___ (10th Cir. Nov. 15, 2006)(ordered published on Mar. 27, 2006)(Colorado). Appeal of conviction for being felon and armed career criminal in possession of firearm in violation of 18 U.S.C. ยงยง 922(g)(1) and 924(e)(1). HELD: Where district court omitted portion of intent element of offense from jury instruction, jury was nonetheless properly instructed despite fact that at time of trial, proposed Tenth Circuit pattern jury instruction included that element. Proposed pattern jury instructions are not legal authority. Fact that specific jury instruction is included in Tenth Circuit pattern instructions does not constitute adjudicative approval of content of that instruction. Adjudicative approval of any pattern instruction must await case-by-case review by Court. Read the opinion here. |
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