· 8/12/2016
United States v. Jeffrey Pendleton
Citations
- 832 F.3d 934
- 2016 U.S. App. LEXIS 14828
- 2016 WL 4254946
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- emphasizing that in order to convict on aggravated sexual abuse, the jury must find that defendant used actual physical force against the victim or made a specific kind of threat like fear of death, serious bodily injury, or kidnapping
- emphasizing that in order to convict on aggravated sexual abuse, the jury must find that defendant used actual physical force against the victim or made a specific kind of threat like fear of death, serious bodily injury, or kidnapping
- defense counsel is expected to know the law and \a mistake of law is deficient performance.\
- failure to object to jury instructions is ineffective assistance if the instruction misstates the law and there is a reasonable probability a properly instructed jury would have found the evidence insufficient to convict
- “[A] mistake of law is deficient performance.”
- “[A] mistake of law is deficient performance.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Gruender, Benton
Read full opinion on CourtListenerSourced 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.