United States Ninth Circuit

A conviction and sentence for assault with a dangerous weapon and possession of contraband in prison is reversed where the district court erred by requiring defendant to present evidence of a third element, that there were "no reasonable alternatives to the use of force," in order to make out a prima facie case of self-defense.

Appellate Information

• Argued 12/07/2005
• Decided 03/31/2006
• Published 03/31/2006

Judges

• BEEZER, Circuit Judge., Before ROBERT R. BEEZER, CYNTHIA HOLCOMB HALL, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Jason De Bretteville, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.