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Knife as deadly weapon: inconsistent rulings

Last week, in an unpublished Order (Jonathon Hinton v. State, No. 48643, (7-24-2008)), the Nevada Supreme Court considered a challenge to a jury instruction telling the jury that a knife was a deadly weapon: "Hinton also contends that the district court usurped the jury's role by instructing the jury that a 'knife' is a deadly weapon as a matter of law. Because Hinton failed to object to the court's deadly weapon instruction at trial, we review the instruction for plain error." "At trial, the district court instructed the jury that a 'knife' is a 'deadly weapon.'" "[T]he instruction erroneously informs the jury that a knife is a deadly weapon as a matter of law and thereby relieves the jury of its fact-finding function, diminishes the State's burden of proof, and violates Hinton's right to due process...continue to full post

Full post as published by Harmful Error on July 29, 2008 (boomark / email).