United States Fourth Circuit

The district court's order denying defendant's habeas corpus motion that challenged the jury instruction given in his underlying trial for witness tampering, is affirmed, where: 1) Fowler v. US created a new right that was applicable to defendant and under Fowler, the instruction given by the lower court was now erroneous; 2) the instructional error did not have a substantial and injurious effect or influence in determining the jury's verdict; and therefore, 3) the error was harmless.

Appellate Information

• Decided 07/25/2013
• Published 07/25/2013

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel