· 7/31/1991
United States v. Theron Johnny Maxton, (Two Cases)
Citations
- 940 F.2d 103
- 1991 WL 139668
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that reasonable person standard applies in considering whether communication is \true threat\
- upward departure for \extreme recidivism\ vacated as defendant lacked notice of court's sua sponte ruling
- upward departure for \extreme recidivism\ vacated as defendant lacked notice of court’s sua sponte ruling
- absent plain error, failure to object to evidence in the trial court precludes consideration of the issue on appeal
- “[M]ost of the time [a defendant’s] intent [to threaten] can be gleaned from the very nature of the words used in the communication; extrinsic evidence to prove an intent to threaten should only be necessary when the threatening nature of the communication is ambiguous.”
- “[M]ost of the time [a defendant’s] intent [to threaten] can be gleaned from the very nature of the words used in the communication; extrinsic evidence to prove an intent to threaten should only be necessary when the threatening nature of the communication is ambiguous.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, Chapman, Dupree, Eastern
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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