Supreme Court of Arkansas, 1996

Hall v. State

Hall v. State
Supreme Court of Arkansas · Decided December 9, 1996
326 Ark. 823; 933 S.W.2d 363; 1996 Ark. LEXIS 694
Hall v. State

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

Hall petitions for rehearing and cites U.S. v. Gaudin, _ U.S. _, 115 S.Ct. 2310 (1995), for the proposition that our decision improperly failed to entertain the jury-instruction issue raised herein as a structural error. We deny Hall’s petition by pointing out that Gaudin does not hold that an erroneous jury instruction which omits an element of the government’s burden of proof compels a finding of prejudicial error. See also California v. Roy, _ U.S. _, (No. 95-2025, Nov. 4, 1996).

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