DueProcess JusticiabilityDoctri
Whether the Due Process Clause is violated when a jury is instructed to consider evidence of an uncharged, general intent offense in determining guilt of attempted first-degree murder
QUESTIONS PRESENTED I. Is the Due Process Clause violated when a jury is instructed that it can consider evidence regarding an uncharged, general intent offense in determining whether a defendant is guilty of attempted first degree murder, including whether the defendant intended to kill, acted with premeditation, or acted as a result of mistake or accident? I. Isita violation of the Due Process Clause to instruct a jury that, in determining whether a defendant charged with attempted first degree murder intended to kill, acted with premeditation, or acted as a result of mistake or accident, it can consider evidence that the defendant had previously given a false name to a peace officer? WI. Does a state law violate the Due Process Clause when it permits the use of an uncharged, dissimilar crime to show that a defendant had the propensity to commit attempted first degree murder? ny