BUSTILLO
v.
WILKINSON, WARDEN

U.S. | 1980-02-19
No. 79-5797
444 U.S. 1087 Supreme Court of the United States (1980) Positive Treatment
Cited by 1 case

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  • Wells v. Murray, 831 F.2d 468 (4th Cir. 1987)
    …endant not guilty. In reviewing this jury instruction, we must read the instruction as a whole. See Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973); Gore v. Leeke, 605 F. 2d 741, 742-43 (4th Cir.1979), cert. denied, 444 U.S. 1087, 100 S.Ct. 1048, 62 L.Ed.2d 774 (1980). Surely, the jury would not have thought that the first sentence of the charge (“a plea of self defense is not available to the party unless he was without fault in bringing about the difficulty”) mooted the ef…

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