State v. BoeschlingAnnotate this Case
The Supreme Court affirmed Defendant's convictions of burglary, theft, and prohibited possession of firearms, holding that the district court judge's response to a jury's mid-deliberation question about jury nullification was not reversible error and that the jury instructions were not in error.
During trial, the members of Defendant's jury asked if nullification can "be applied" to the firearm charges. On appeal, Defendant asserted that the district judge's answer affirmatively misinformed the jury and clearly implied that jury nullification did not apply. The Supreme Court affirmed, holding (1) the district judge's response to the jury question was not error; (2) the burglary instruction given to the jury was erroneous but not reversible; and (3) the accomplice instruction was not error.