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· 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 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.