· 8/28/1990
Harold C. Ostrosky v. State of Alaska Roger v. Endell, Commissioner of Corrections
Citations
- 913 F.2d 590
- 1990 U.S. App. LEXIS 15123
- 1990 WL 123086
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[t]he purpose of a mistake-of-law defense is to negate the mental state that the defendant must have to be guilty of the charged crime”
- holding that a rule that a defendant has a due process right \to rely as a matter of law on a lower court decision in his own case that a statute is unconstitutional even though the case is on appeal to a higher court\ fits within the second Teague exception
- announcing a new due process rule concerning mistake of law defenses and finding that the rule falls within the Teague exception for \procedures implicit in the concept of ordered liberty\
- retroactive application for a trial court decision holding unconstitutional the statute under which the defendant was convicted
- retroactive application for a trial court decision holding unconstitutional the statute under which the defendant was convicted
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Schroeder, Fletcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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