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Their lawyers sought to overturn their fraud convictions on the grounds the trial judge had given improper instructions to the jury that found them guilty.
The judge, Acting Justice Steven Barrett of State Supreme Court, found that the prosecution had given improper instructions to the grand jury that indicted the officer, Richard Haste.
Mr. Nacchio, who has remained free on bond, appealed the conviction, arguing that there was inadequate evidence to convict him, that the jury had received improper instructions and that Judge Nottingham had wrongly disallowed expert testimony critical to his defense.
While the judge, John Herlihy of Santa Clara County Superior Court, said Mr. Gonzales and an aide, Joe Guerra, improperly concealed their dealings with the company, Norcal Waste Systems Inc., improper instructions given to the grand jury that indicted the pair required him to throw out the charges.
But in the sentencing phase of the trial, the court said, the judge failed to fully inform the jury about the terms of the alternative sentence of life in prison and gave improper instructions on how the jury should evaluate the victim impact statement and mitigating and aggravating factors.
[Nacchio] contended the jury was given improper instructions about what internal information had to be disclosed publicly.
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It ruled that improper jury instructions from the trial court judge required a reversal.
But on other issues, like claims of improper jury instructions, the habeas lawyer does not need the client's help.
The Columbia studies show that, far from mere "technicalities," the errors most often leading to reversal were incompetent legal counsel, suppression of evidence by police or prosecutors, and improper jury instructions by judges.
Their conviction for lying about where they lived so that he could run for the council was thrown out over improper jury instructions from the trial judge.
According to Calvin, he's in jail because he went looking for his niece's killer, who got set free thanks to the judge in his case giving improper jury instructions.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com