Monday, July 26, 2010

Perry Fundamental Error Update

A substitute opinion was issued in State v. Perry on Friday. The new opinion states that in cases where a trial error was not followed by a contemporaneous objection the defendant bears the burden of demonstrating that there is a reasonable possibility that the error affected the outcome of the trial. The Court's original opinion required that the defendant demonstrate beyond a reasonable doubt that the error affected the outcome.

http://www.isc.idaho.gov/opinions/Perry.pdf

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