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North Dakota Prisoner’s Conviction for Assault on Guard Vacated Due To Erroneous Jury Instruction
by David M. Reutter
On May 26, 2022, the SupremeCourt of North Dakota vacated a state prisoner’s conviction for aggravated assault of a guard because the trial court committed error by instructing the jury on the wrong law under which he was charged.
While held at the North Dakota State ...
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More from this issue:
- COVID-19 Injunction Lapses in Oregon, Another Fails in Massachusetts, by Mark Wilson
- Unending ‘Crisis’ in San Diego County Jails: Hundreds Dead, Millions in Legal Payouts, by Jo Ellen Nott
- From the Editor, by Paul Wright
- Maine Caps Price of Phone Calls in State Prisons and Jails, by Benjamin Tschirhart
- San Diego County Pays $250,000 After Detainee Suicide in County Jail, by Jayson Hawkins
- New Federal ‘Fresh Start’ Student Loan Policy May Help Prisoners in Default, by Matthew Clarke
- Excessive-Force Claim by Now-Incarcerated Former Maryland Guard Survives, by Harold Hempstead
- South Carolina Judge Halts State Executions by Electrocution and Firing Squad, by Edward Lyon, David Reutter
- Michigan Supreme Court Says Prisoner’s Possession of Cell Phone by Itself Doesn’t Show Threat to Security, by David Reutter
- Ohio County Pays $2.5 Million for Photographing Female Detainees’ Tattooed Private Areas, by Kevin Bliss
- San Diego County Pays $3.488 Million After Jail Detainee Dies in Cell Extraction, by Chuck Sharman
- Federal Judge Calls Out BOP’s ‘Plinko’ Tactics, Orders Surgeon Found for Trans Prisoner’s Gender-Confirming Procedure, by Jacob Barrett
- San Diego County Pays $8.1 Million After Jail Guard Fatally Shot Fleeing Detainee in the Back, by Chuck Sharman
- The Catalog of Carceral Surveillance: Tablet Advertising That Can Also Issue Discipline, by Dave Mass
- Rifles, Tasers and Jails: How Cities and States Spent Billions of COVID-19 Relief, by Susie Cagle, Weihua Li, Anastasia Valeeva
- North Dakota Prisoner’s Conviction for Assault on Guard Vacated Due To Erroneous Jury Instruction, by David Reutter
- DOJ Finds Unconstitutional Conditions at Mississippi State Penitentiary in Parchman, by David Reutter
- Washington DOC Fined $84,000 for Health Code Violations Found After TB Outbreak, by Jacob Barrett
- Georgia Jail Settles Suit Filed by Mentally Ill Female Detainees With Policy Changes and $1.2 Million in Attorney Fees and Costs, by Matthew Clarke
- Tenth Circuit Vacates Oklahoma Prisoners’ Witness Tampering Conviction, by David Reutter
- Condemned Alabama Prisoner Now Spared Twice, by Chuck Sharman
- Gang Violence in Texas Federal Prison Results in Two Deaths, Nationwide BOP Lockdown, by Keith Sanders
- Hawaii Governor Finally Appoints Coordinator for State DOC Oversight Commission, by Douglas Ankney
- $6,000 Sanction for Mississippi Federal Prosecutor Who Lied to Court About COVID-19 Vaccination Status, by David Reutter
- Sentencing Reports Show Longer Sentences, Few Compassionate Releases, by Casey Bastian, Benjamin Tschirhart
- Tennessee Governor Suspends Executions, Orders Investigation Into Lethal Injection Process, by Harold Hempstead
- Nebraska Supreme Court Says Revocation of Post-Release Supervision Does Not Bar Prisoner From Earning Good Time Credit, by David Reutter
- Seventh Circuit: Chicago Police Department’s 30-Day Claim-or-Forfeit Policy for Arrestee Property Is Constitutionally Adequate, by Casey Bastian
- Over $386,000 Awarded to Mississippi Prisoner, Plus Hip Surgery He Was Denied, by David Reutter
- Eighth Circuit Rules Federal Prisoner Need Only Know Item Is Prohibited To Support Conviction for Possession of Contraband, by David Reutter
- Wisconsin Pays $8,000 To State Prisoner After Seventh Circuit Revives Retaliation Claim Against Guard Over Destroyed Legal Documents, by David Reutter
- $215,000 Awarded to New Jersey Detainee Assaulted by Jail Guards, by Keith Sanders
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- Parole Board Members Miss Work, Leaving Nebraska Prisoners Locked Up, by Benjamin Tschirhart
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- Wisconsin High Court Admits Into Evidence Secret Tape of Prisoner Made by Fellow Prisoner, by David Reutter
- $2.1 Million Settlement for Estate of Detainee Who Committed Suicide in Scandal-Plagued Ohio Jail, by David Reutter
- Alabama Prisoner Who Escaped With Jail Guard Lover Charged in Her Death on the Run, by Kevin Bliss
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- Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner, by Anthony Accurso
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- News in Brief
More from David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
More from these topics:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
- Washington Prisoner Sues Jail Where Assault Left Him Comatose, DOC Guard Who Then Sexually Abused Him, March 1, 2025. Prisoner-Staff Assault, Guard Misconduct, Jail Misconduct, Sex Offender Registration, Failure to Protect (General).
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Nearly 5,000 Sexual Victimizations Counted in Three Years in U.S. Prisons and Jails, Oct. 15, 2023. Staff-Prisoner Assault, Prisoner-Staff Assault, Staff-Staff Assault, Databases, BOP Litigation Reports.