Legal Opinion

United States v. Fraser

Court of Appeals for the Tenth Circuit

Decided August 2, 2011No. 10-8049PublishedCited by 15 opinions

1Opinion of the Court

GORSUCH, Circuit Judge.

James Fraser shot and killed Milton Brown. That much is not disputed. What is disputed is whether the district court should have allowed Mr. Fraser to present evidence of the homicide as part of his defense against a federal weapons charge. How could evidence that he killed a man have helped Mr. Fraser? Mr. Fraser says that the facts and circumstances surrounding the shooting would have demonstrated how and why he needed to possess a gun— even if it meant breaking federal law to do so. But whether or not a necessity defense can be raised to a federal gun charge — a…

2Cases cited14 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Morissette v. United StatesSupreme Court of the United States · 1952
  4. Crane v. KentuckySupreme Court of the United States · 1986
  5. United States v. BaileySupreme Court of the United States · 1980

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3Cited by15 opinions

  1. United States v. WalkerCourt of Appeals for the Tenth Circuit · 2019
  2. United States v. DixonCourt of Appeals for the Tenth Circuit · 2018
  3. United States v. Garcia-DamianCourt of Appeals for the Tenth Circuit · 2017
  4. United States v. CampbellCourt of Appeals for the Tenth Circuit · 2021
  5. United States v. DureteCourt of Appeals for the Tenth Circuit · 2020

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