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California Court of Appeal


PEOPLE v. MOUNSAVENG, F033224

When a defendant raises a defense of duress, the court must determine whether defendant raised a reasonable doubt that he acted in the exercise of his free will and not evaluate it under the preponderance of evidence standard.

Appellate Information

  • Decided 03/23/2001
  • Published 03/23/2001

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Jim Fahey, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Jeffrey D. Firestone and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.
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