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Tag Archives: Plain Error

Criminal Practice – Weapon Possession – Actual or Constructive — Jury Instructions – Plain Error (access required)

State v. Perry Where (1) the evidence only supported a theory that defendant actually possessed a pistol, (2) the state told the jury that this case only involved constructive possession, and (3) the trial court charged the jury on both actual and constructive possession, the trial court’s failure to answer the jury’s subsequent questions about possession resulted in plain error.

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Criminal Practice – Constitutional – Confrontation Clause – Drug Analysis – Lay Witness – Plain Error (access required)

State v. Burrow The pills seized from defendant were identified only in an SBI report. The SBI analyst did not testify, and there was no indication that he was unavailable. It was plain error for the trial court to admit the SBI report through the testimony of a lay witness, a police detective.

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