Narrative Opinion Summary
The petition for certification for appeal from the Appellate Court is granted, focusing on three key issues: 1. The court will determine whether harm in a collateral proceeding, where the petitioner argues that the trial court improperly omitted an element of the criminal charge in jury instructions, should be measured by the Brecht standard or the Neder standard, as left unresolved in Hinds v. Commissioner of Correction. 2. If the Brecht standard is applied, the court will consider whether the evidence indicates that the lack of a jury instruction per State v. Salamon had no substantial and injurious effect on the jury's verdict in convicting the petitioner of kidnapping. 3. If the Neder standard is applied, the court will assess whether the Appellate Court erred in concluding that, without a Salamon instruction, there was no reasonable assurance that the kidnapping conviction was not based on incidental restraint related to the assault conviction.
Legal Issues Addressed
Application of Brecht Standard in Jury Instruction Omissionssubscribe to see similar legal issues
Application: Under the Brecht standard, the court will evaluate whether the omission of a specific jury instruction had a substantial and injurious effect on the jury's verdict in the kidnapping conviction.
Reasoning: If the Brecht standard is applied, the court will consider whether the evidence indicates that the lack of a jury instruction per State v. Salamon had no substantial and injurious effect on the jury's verdict in convicting the petitioner of kidnapping.
Application of Neder Standard in Jury Instruction Omissionssubscribe to see similar legal issues
Application: The court will assess if, under the Neder standard, the Appellate Court's decision was erroneous in concluding that the absence of a Salamon instruction left no reasonable assurance that the kidnapping conviction was not based on incidental restraint.
Reasoning: If the Neder standard is applied, the court will assess whether the Appellate Court erred in concluding that, without a Salamon instruction, there was no reasonable assurance that the kidnapping conviction was not based on incidental restraint related to the assault conviction.
Standard for Measuring Harm in Collateral Proceedingssubscribe to see similar legal issues
Application: The court is tasked with determining which standard, Brecht or Neder, should be used to measure harm in a collateral proceeding where the trial court allegedly omitted an element of the criminal charge in jury instructions.
Reasoning: The court will determine whether harm in a collateral proceeding, where the petitioner argues that the trial court improperly omitted an element of the criminal charge in jury instructions, should be measured by the Brecht standard or the Neder standard, as left unresolved in Hinds v. Commissioner of Correction.