Dia v. Mukasey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that waiver under R.C.M. 920(f) specifically applies to instructions described in R.C.M. 920(e)(7) which includes explanations and descriptions
• stating that when a special defense is reasonably raised by the evidence, the military judge must instruct the court members on it, “regardless of defense theories or requests”
• stating that given the failure of the defense to rely on the mistake of fact defense, there was “no basis to assume that defense counsel simply overlooked the availability of [the] defense”
• noting a defense is reasonably raised when there is “‘some evidence’ to which the [panel] members might attach credence”
• defense counsel’s failure to fully appreciate the theory of the case does not relieve the judge of the duty to instruct on a defense reasonably raised
• mistake of fact instruction was not required when the appellant did not rely on mistake of fact as to consent, but rather, on a denial of penetration

Source: CourtListener parenthetical corpus (CC0).