State v. Akers

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At issue was whether the Supreme Court should exercise plain error review to reverse Defendant’s conviction for assault because the jury was not instructed on the burden of proof for justifiable use of force.The Supreme Court reversed the order of the district court that denied Defendant’s motion to dismiss, affirmed the justice court’s judgment, and remanded the case to the justice court to enforce its judgment. The court exercised plain error review to reverse Defendant’s conviction, holding that the justice court’s failure to instruct the jury that the State bore the burden of proving Defendant’s actions were not justified beyond a reasonable doubt denied Defendant a fair trial. View "State v. Akers" on Justia Law