United States Second Circuit

Conviction for intentionally inflicting on a person, because that person was a provider of reproductive health services, an injury resulting in death is affirmed where: 1) district court properly denied defendant's motion to suppress evidence as untimely, and defendant provided no valid basis for a claim for relief from the Fed. R. Crim. P. rule 12(e) waiver; 2) court did not err when it granted government's motion to introduce defendant's statements in redacted form as the redacted portions had no bearing on the jury's consideration; and 3) the court did not err in precluding defendant from asserting a justification defense and instructing the jury that it was not to consider a justification defense, as the evidence was insufficient to support that defense under any reasonable articulation.

Appellate Information

• Decided 04/06/2009
• Published 04/06/2009

Judges

• PER CURIAM:, Before:  KEARSE, KATZMANN, Circuit Judges, and CHIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James C. Kopp, pro se.


• For Appellees:
  
• Bruce R. Bryan, Syracuse, N.Y., for Defendant-Appellant., Kathleen M. Mehltretter, Assistant United States Attorney, for Terrance P. Flynn, United States Attorney for the Western District of New York, Buffalo, N.Y., for appellee.