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View Citing Opinions. CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: September 19th, Precedential Status: Precedential. Citations: 58 P. Docket Number: Author: Faith Ireland. This case determines whether an erroneous accomplice, liability jury instruction is subject to byrd pinkerton error analysis, and if so, whether the instruction was harmless in these byrd pinkerton appeals.
We hold that an erroneous jury instruction may be subject to harmless error analysis if the error does not relieve the State of its burden to byrd pinkerton each element of the byrd pinkerton charged. An erroneous instruction is harmless if, from the record in a given case, it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.
The analysis must be completed as to each defendant and each count charged. The Court of Appeals' decision is affirmed in part and reversed in part. nyrd
Jacob Brown's convictions were based on seven counts committed against Lewis Brown, Thomas Boyd, and Jelani byrd pinkerton Jerel Tackett, in three separate incidents. Co-defendant Marshall Harris was convicted as a result of his participation in the Lewis Brown incident.
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Porsche Washington byrd pinkerton Lewis Brown Lewis were involved in an intimate relationship. On September 30,Porsche byrd pinkerton Lewis and arranged to meet him at a Seattle motel. Lewis arrived at about 2 a. Then three men, who Lewis later identified as Jacob Brown not related to LewisMarshall Harris, and Tesino Barber, suddenly came out of the bathroom. Brown was armed with a revolver. Brown hit Lewis in the chest with his fist, and Barber struck him in the face with a gun that he took from Lewis's coat.
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Brown and Barber also took Lewis's watch, rings, cell phone, cash, and other personal click. Lewis testified that Washington hit him in the face and applied a substance to his anus before Barber forced a dildo into Lewis's byrd pinkerton and mouth and burned Lewis's arm with a hot iron. Harris signed the motel registration card. Lewis testified that Harris blocked the door to the motel room during the incident and that Harris threatened to beat Lewis.]
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