· 5/19/1994
United States v. Mark Paul Sarno
Citations
- 24 F.3d 618
- 1994 U.S. App. LEXIS 11243
- 1994 WL 192735
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that court can refuse to instruct the jury on the duress defense if the defendant fails to proffer sufficient evidence as a matter of law to support an element of the defense
- stating that district court does not abuse its discretion in refusing to give duress instruction when evidence is insufficient, as a matter of law, to support a duress defense
- “The district court, having correctly determined that Sarno’s evidence could not support the element of timely surrender, properly excluded any testimony at trial as to the duress defense.”
- “[Wjhere there is insufficient evidence, as a matter of law, to support an element of the affirmative defense, the defendant can be precluded from presenting any evidence of duress to the jury,” and such a ruling does not violate a defendant’s due process rights
Source: CourtListener parenthetical corpus (CC0).
Judges: Widener, Murnaghan, Niemeyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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