· 5/12/2006
United States v. Wicahpe George Milk
Citations
- 447 F.3d 593
- 70 Fed. R. Serv. 160
- 2006 U.S. App. LEXIS 11759
- 2006 WL 1300598
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that evidence “show[ing] that it was actually [defendant] who initiated the assault . . . . is inconsistent with a self-defense claim, be it a perfect or imperfect one”
- recognizing evidence of specific prior bad acts is allowed under Rule 404(b) in self-defense cases to prove state of mind, but affirming exclusion of such evidence under Rule 403
- noting that ʺ[a]n imperfect self‐defense involves the defendantʹs unreasonable use of deadly force to thwart an assaultʺ and ʺmay be proven by evidence that . . . the defendant unreasonably but truly believed that deadly force was necessary to defend himselfʺ
- placing the burden on the government
Source: CourtListener parenthetical corpus (CC0).
Judges: Colloton, Heaney, Gruender
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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