Michael Peck v. United States
This text of 102 F.3d 1319 (Michael Peck v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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The Court voted to rehear this appeal in banc to consider the harmless error analysis [1320]*1320applicable on review of a collateral attack upon a conviction obtained after a jury charge that, in conformity with then prevailing law, see United States v. Caming, 968 F.2d 232, 238-41 (2d Cir.1992), did not include an aspect of the mental state necessary for conviction, an aspect subsequently required, see Ratzlafv. United States, 510 U.S. 135, 148, 114 S.Ct. 655, 663, 126 L.Ed.2d 615 (1994). The Supreme Court having clarified harmless error analysis in California v. Roy, - U.S.-, 117 S.Ct. 337, 136 L.Ed.2d 266 (1996), the in bane court dissolves itself and leaves the appeal for reconsideration by the original panel in fight of Roy.
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Cite This Page — Counsel Stack
102 F.3d 1319, 1996 U.S. App. LEXIS 33635, 1996 WL 736476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-peck-v-united-states-ca2-1996.