United States Ninth Circuit

Conviction of transmitting through interstate commerce email communications containing threats to injure the person of another, is reversed where: 1) the district court should have allowed defendant's expert, a psychologist, to testify regarding his diminished capacity defense; and 2) defendant was entitled to a jury instruction on diminished capacity even without such expert testimony.

Appellate Information

• Decided 04/17/2014
• Published 04/17/2014

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel