United States Ninth Circuit

A jury must unanimously reject an affirmative defense before it can find a defendant guilty. Consequently, defendant's conviction for malicious use of a fire to damage property is reversed where the district court's failure to answer a jury question left open the possibility that defendant was convicted even though the jury was divided as to sanity.

Appellate Information

• Decided 12/30/2005
• Published 12/30/2005

Judges

• KOZINSKI, Circuit Judge., Before ALARCÓN, KOZINSKI and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kimberly A. Deater, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellant., James A. McDevitt, United States Attorney;  Thomas O. Rice, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.