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· 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 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.