Jury Instructions

Question 1

Mitchell v. Gonzales

Answer 1

i. Proximate cause instruction cause confusion
1) Jurors though it meant “approximate cause” of injury

ii. Court rules that jurors should have been instructed on “substantial factor” causation, not proximate cause

Question 2

Arntz v. St. Paul Insurance

Answer 2

i. Oppression jury instruction

Old instructions cause confusion

Question 3

Scooter Libby

Answer 3

i. D proposed jury instructions that people incorrectly combine memories
ii. Judge says no; can only talk about circumstances at time of memory