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· 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 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.