United States First Circuit

Jury instructions regarding joint venture and withdrawal did not remove from the jury the issues of withdrawal and degree of murder, in violation of defendant's due process rights; use of the phrase "moral certainty" in instruction appropriately conveyed the concepts of proof and reasonable doubt.

Appellate Information

• Decided 06/11/2002
• Published 06/11/2002

Judges

• MAGILL, Senior Circuit Judge., Before LYNCH, Circuit Judge, BOWNES and MAGILL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert L. Sheketoff, with whom Sheketoff & Homan was on brief, for appellant.


• For Appellees:
  
• Cathryn A. Neaves, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.