Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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State v. Davis

Docket: 19-0214

Opinion Date: November 13, 2020

Judge: Thomas D. Waterman

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the district court convicting Defendant of first-degree murder, holding that a new trial was required because the marshaling instruction for that charge failed to cross-reference Defendant's insanity defense. On appeal, Defendant argued that his trial counsel provided ineffective representation by failing to object to the instruction at issue. The Supreme Court agreed, holding (1) the jury instructions were materially misleading without the cross-reference to the insanity defense in the marshaling instruction for first-degree murder and that trial counsel breached an essential duty by failing to object; and (2) this significant error in that marshaling instruction for the main offense undermines this Court's confidence in the verdict, requiring a new trial.