(Download) "Falconer v. Lane" by United States Court of Appeals for the Seventh Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Falconer v. Lane
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
At her state court trial for murder, Phyllis Falconer attempted to prove that she killed her husband only in self-defense. The jury was instructed to consider the lesser offense of voluntary manslaughter. The jury nonetheless convicted Mrs. Falconer of murder and she was sentenced to 24 years in prison. Following a series of appeals described below, her second collateral attack on her conviction prevailed in district court. United States ex rel. Falconer v. Lane, 720 F. Supp. 631 (N.D.Ill. 1989). Paralleling a holding of the Illinois Supreme Court in a separate case, the district court held that the petitioner was denied due process because the instructions given to the jury at trial allowed the jury to return a verdict of murder even if the jury made findings that should have resulted in a verdict of voluntary manslaughter. We agree that the instructions were constitutionally inadequate under the Fourteenth Amendments Due Process Clause and therefore affirm.
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