Tuesday, September 24, 2019

US v. Becerra, No. 17-30050 (9-23-19)(Berzon w/Robreno; Graber dissenting). Failure of the court to orally instruct the jury was structural error.  The 9th so held nearly thirty years ago in Guam v. Marquez, 963 F.2d 1311 (9th Cir. 1992) and reaffirms the holding here.  The majority goes through why orally reading is so critical, and what it connotes.  

Graber, dissenting, would find the error harmless. The guilt was overwhelming; the jury had correct written instructions; and the jurors affirmed with the court that they had read them.

Congrats to Michael Levine for the win.

The decision is here:




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