· 12/9/2005
United States v. Roberto Leal-Cruz
Citations
- 431 F.3d 667
- 2005 U.S. App. LEXIS 26908
- 2005 WL 3338292
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a duress defense does not negate specific intent crimes
- “Our own precedents have held that when a defense negates the element of a crime, it is unconstitutional to place the burden of proving the defense on the defendant.”
- “[W]hen a defense negates the element of a crime, it is unconstitutional to place the burden of proving the defense on the defendant”—i.e., the “negate the required elements test.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wallace, Silverman, Callahan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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