Elements of a DANCO JIG

Elements of a DANCO JIG

Today's case review is focused on Jury Instructions.  This is one of the final stages in a proper criminal trial.  However, the Jury Instructions are probably one of the most important aspects, except maybe the Jury Verdict Form. These are the instructions that the Jury is expected to rely on to determine guilt or innocence. In the present case, Mr. Watkins was accused of violation of a Domestic Abuse No-Contact Order (DANCO).  

A DANCO is a very common tool with Domestic Abuse charges, although it has received a lot of criticism by both defendants and victims alike. In order to violate a DANCO, the individual must "knowingly violate" the DANCO. While Mr. Watkins may (or may not) have knowingly violated, that question was never presented to the jury.  

Think of it like being convicted of murder, but the jury was never told that someone had to be killed in order to be convicted.  It may seem like an obvious element, but it still needs to be clearly stated.

A11-1793        State of Minnesota, Respondent, vs. George Cornelius Watkins, Appellant.

Hennepin County District Court, Hon. Daniel C. Moreno.
1.   To be convicted of a felony for violating a domestic abuse no-contact order under Minn. Stat. § 629.75, subd. 2(d)(1) (2010), the defendant must have intentionally engaged in prohibited conduct, knowing that such contact was prohibited.
2.   When a jury instruction omits an element of the offense, the error affects the defendant's substantial rights.

Reversed and remanded.  Judge Larry B. Stauber, Jr.

By: Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533

4 comments (Add your own)

1. lotisogu wrote:
http://theprettyguineapig.com/amoxicillin/ - Amoxicillin 500 Mg Amoxicillin 500 Mg http://theprettyguineapig.com/amoxicillin/

Sun, March 10, 2019 @ 9:43 PM

2. matarijuzok wrote:
http://theprettyguineapig.com/amoxicillin/ - Amoxicillin 500mg Amoxicillin 500mg Capsules http://theprettyguineapig.com/amoxicillin/

Sun, March 10, 2019 @ 10:14 PM

3. fevetuxulerdq wrote:
http://theprettyguineapig.com/amoxicillin/ - Amoxicillin 500 Mg Buy Amoxil 500mg http://theprettyguineapig.com/amoxicillin/

Mon, March 11, 2019 @ 12:36 AM

4. erodafitare wrote:
The rik.gtpo.aschemanlaw.com.fpq.dd forms half-formed, [URL=http://everytick.com/online-payday-loans-ohio/ - payday loans in bc[/URL - loan offices http://everytick.com/online-payday-loans-ohio/#las-vegas-payday-loan-centers lowest loan interest rate [URL=http://promexicoglobal.com/cash-advances/ - cash advances[/URL - cash advance direct lenders http://promexicoglobal.com/cash-advances/#same-day-cash-advance-loans get a small loan [URL=http://eatingaftergastricbypass.net/personal-loans-columbia-sc/ - personal loan[/URL - personal loan http://eatingaftergastricbypass.net/personal-loans-columbia-sc/#personal-loans-without-credit-check personal loans columbia sc personal loans in houston tx [URL=http://palawan-resorts.com/cialis/ - cialis[/URL - cialis pills http://palawan-resorts.com/cialis/#cialis-test cialis.com lowest price [URL=http://downtownrichmondassociation.com/generic-levitra/ - order levitra[/URL - levitra online http://downtownrichmondassociation.com/generic-levitra/#levitra generic levitra levitra 20mg best price [URL=http://listigator.com/cialis-pills/ - cialis online canada[/URL - buy cialis online pharmacy http://listigator.com/cialis-pills/#cialis-online-canada lowest cialis prices [URL=http://umichicago.com/cash-loans/ - pay day loans las vegas[/URL - cash loans http://umichicago.com/cash-loans/#payday-loans-calgary cash loans [URL=http://loanonline-fast.com/ - payday loans victoria[/URL - payday loans http://loanonline-fast.com/#payday-loans-ogden-utah payday loans victoria long-stemmed bodies.

Mon, March 11, 2019 @ 2:59 AM

Add a New Comment


Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.