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| Justification Defense |
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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.
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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.
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