THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
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 VOLUME 16 - CHAPTER 300
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300.3 Due Process: Arbitrary State Action

    300.3.1 Constitutional Claims: Disparate Treatment Of Identical Claims
    300.3.2 Constitutional Claims: Due Process Violation For Arbitrary Denial Of State Created Right
    300.3.3 Constitutional Claims: Misapplication Of A State Law

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

PRACTICE NOTE: Disparate treatment of identical claims advanced in different cases by state appellate courts may violate the Equal Protection Clause of the federal constitution (14th Amendment). (Myers v. Ylst (9th Cir. 1990) 897 F2d 417, 420.)

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 16 - CHAPTER 300

PRACTICE NOTE: 14th Amendment due process principles may be implicated by the state's arbitrary denial of its own domestic rules. (Hicks v. U.S. (1980) 447 US 343, 346 [100 SCt 2227; 65 LEd2d 175]; see also People v. Sutton (CA 1993) 19 CA4th 795, 804 [23 CR2d 632]; Hernandez v. Ylst (9th Cir. 1991) 930 F2d 714, 716.)

    People v. Marshall (CA 1996) 13 C4th 799, 850-51 [55 CR2d 347] held that the failure to instruct on an element of a special circumstance (death qualifier) is a violation of state law which implicates the defendant's federal due process rights under the Hicks doctrine.  (See also Carter v. Bowersox (8th Cir. 2001) 265 F3d 705 [omission of a key death penalty sentencing instruction constituted an unreasonable application of clearly established law].) 

    See also NCJIC Constitutional Macro 6.3 [Arbitrary Denial Of State Created Right].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

PRACTICE NOTE: Misapplication of a state law that leads to a deprivation of a liberty interest may violate the Due Process Clause of the 14th Amendment to the federal constitution. (Ballard v. Estelle (9th Cir. 1991) 937 F2d 453, 456; see also Carter v. Bowersox (8th Cir. 2001) 265 F3d 705 [omission of a key death penalty sentencing instruction constituted an unreasonable application of clearly established law].)

    See also NCJIC Constitutional Macro 6.3 [Arbitrary Denial Of State Created Right].

    See also NCJIC 300.3.2 [Due Process Violation For Arbitrary Denial Of State Created Right].