WWW.OCDW.COM   Febr 8, 2012

Home
About OCDW
Advocacy
Opinion Archives
Newsletter Archives
Recommended Experts
Book and Movie Reviews
Hearsay
Victories
About James L. Hankins
Subscribe
Links

 
Justification Defense
Jackson v. Edwards,  No. 03-2805 (2nd Cir., April 14, 2005):  AEDPA non-capital habeas winner where Jackson was denied a justification defense jury instruction in a homicide case.  District Court granted relief and Second Circuit affirmed.  Good discussion of AEDPA standards and Due Process.
United States v. Butler,  No. 06-5027 (10th Cir., May 7, 2007) (Published):  Justification Defense: In this felon-in-possession-of-a-firearm case, the circuit affirmed over a claim that the trial court refused to instruct the jury on the defense of justification.  Although such a defense is available, prompt surrender of the firearm appears to be the only course of action no matter how uncomfortable the alternatives.
 
Oklahoma Criminal Defense Weekly
Copyright © 2005 Oklahoma Criminal Defense Weekly