Faulting a lawyer for failing to object to jury instructions that misstated the law of accomplice liability, a federal appeals court has ordered a new trial for a man who was convicted of first-degree murder for doing nothing more than driving the getaway car for a pair of armed robbers who killed a candy store owner after he tried to grab one of their guns.
The ruling in Everett v. Beard is a victory for attorney Norris E. Gelman and is likely to lead to Gerald Everett’s release from prison after serving 23 years.
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