The Shellow Instructions
Jury Instructions By James M. Shellow of Wisconsin
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Withdrawn/Dismissed Charges

    1.    Dismissal Of Count Creates No Inference Re: Sufficiency Of The Evidence

The Shellow Instructions
Jury Instructions By James M. Shellow of Wisconsin

1.    Dismissal Of Count Creates No Inference Re: Sufficiency Of The Evidence

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    Prior to Court today, the defendant moved to dismiss Count[s] ______, the _______ (description e.g., tax evasion) counts, and the Court granted his motion and dismissed these counts. Merely because the Court dismissed Count[s] _______ creates no inference that the Court holds any belief concerning the sufficiency of the evidence on the remaining counts. It is for the jury to determine whether or not the government has proven beyond a reasonable doubt that the defendant committed either of these offenses. Remember, at all times the burden remains on the government to prove its case beyond a reasonable doubt. Merely because the defendant elects to call a witness or even more than one witness, does not place upon (him/her) the burden of proving his innocence.

United States v. Kramer, Case No. 81-CR-106 (E.D. Wis. 1982).

See FORECITE National™ 16.17 [Partial Dismissal Of Charges During Trial].