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Tag Archives: jury instruction

Jason Keith Hamel v. State of Maryland

A jury convicted Jason Hamel in the Circuit Court for Baltimore City of second degree murder, use of a handgun in the commission of a felony or crime of violence, and wearing, carrying, and transporting a handgun. He argues that the trial court committed three errors: first, when it overruled defense counsel’s objection to the prosecutor’s mention of Mr. Hamel’s wife in the State’s opening statement and denied his motion for a mistrial; second, when it admitted, as substantive evidence, statements that a witness made to police; and third, when it refused to instruct the jury on voluntary manslaughter based on a “hot-blooded response” to legally adequate provocation.

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Ingham Andre Defreitas v. State of Maryland

Is a defendant entitled, upon request, to an instruction expressly informing the jury that the State has the burden of proving each element of every charged offense beyond a reasonable doubt and did the lower court err in refusing to give the requested instruction?

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