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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.