United States v. Lopez

The Ninth Circuit vacated defendant's conviction for making a false statement during the purchase of a firearm, aggravated identity theft, and being a felon in possession of a firearm. Defendant raised a claim of duress, contending that she purchased the handgun with her identical twin sister's ID in violation of her probation because her ex-boyfriend threatened to harm her and her family. The panel joined the weight of authority in holding that expert testimony on Battered Woman Syndrome may be used by a defendant to support her duress defense and rehabilitate her credibility. Therefore, the panel held that the district court committed legal error in precluding defendant's expert witness from testifying and concluded that this decision was prejudicial to her defense. Finally, the district court did not abuse its discretion by excluding a video of defendant's entire jail interview. View "United States v. Lopez" on Justia Law

Posted in: Criminal Law

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