United States Fourth Circuit

In a habeas appeal of conviction for second degree murder and assault with a deadly weapon, grant of federal relief under 28 U.S.C. section 2254 is reversed where given that the dictionary definitions did not materially alter the instruction as a whole and that the government presented significant evidence of malice, any misconduct the jurors may have committed did not exert a substantial and injurious effect in determining the jury's verdict.

Appellate Information

• Decided 02/11/2011
• Published 02/11/2011

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel