Legal Opinion
United States v. Pete Mitchell
Court of Appeals for the Second Circuit
Decided December 29, 1983No. 153, Docket 83-1165PublishedCited by 56 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
Pete Mitchell appeals his conviction for armed bank robbery, 18 U.S.C. §§ 2113(d) and 2 (1982), after a jury trial in the District Court for the Southern District of New York (Vincent L. Broderick, Judge). Mitchell primarily claims that the jury instructions on his duress defense erroneously obliged the Government to disprove the defense by only a preponderance of the evidence. We agree with this contention and hold that in federal trials, once a defendant introduces evidence sufficient to warrant a jury instruction on a duress defense, the Government must…
2Cases cited33 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- Johnson v. LouisianaSupreme Court of the United States · 1972
- Leland v. OregonSupreme Court of the United States · 1952
- Apodaca v. OregonSupreme Court of the United States · 1972
28 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- United States v. David StevensCourt of Appeals for the Second Circuit · 1993
- United States v. DeleveauxCourt of Appeals for the Eleventh Circuit · 2000
- United States v. VillegasCourt of Appeals for the Second Circuit · 1990
- Scott A. Walker v. Roger Endell, Director, of the Alaska Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1988
- United States v. Larry Wayne Lafleur, United States of America v. Nick Michael HolmCourt of Appeals for the Ninth Circuit · 1992
51 more not listed; retrieve them via the Exa API.