Legal Opinion
United States v. Kenneth Southwell
Court of Appeals for the Ninth Circuit
Decided December 30, 2005No. 04-30521PublishedCited by 21 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
We consider whether the district court’s failure to answer the jury’s question during deliberations was an abuse of discretion and, if so, whether the defendant was prejudiced thereby. To answer the latter question, we also decide whether a jury must unanimously reject an affirmative defense before it can find a defendant guilty.
Facts
Kenneth Southwell was accused of starting a fire at the Heart Seed Company of Fairfield, Washington, a company with a significant interstate business, and was charged with malicious use of a fire to damage property used in interstate…
2Cases cited20 opinions
- McKoy v. North CarolinaSupreme Court of the United States · 1990
- Bollenbach v. United StatesSupreme Court of the United States · 1946
- United States v. FregaCourt of Appeals for the Ninth Circuit · 1999
- United States v. Frederick Ines Gordon, United States of America v. Edward LoeswickCourt of Appeals for the Ninth Circuit · 1988
- UNITED STATES of America, Appellee, v. Julian S. H. WEINER, Marvin Al Lichtig and Solomon Block, AppellantsCourt of Appeals for the Ninth Circuit · 1978
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Stuart RommCourt of Appeals for the Ninth Circuit · 2006
- United States v. NobariCourt of Appeals for the Ninth Circuit · 2009
- United States v. RamirezCourt of Appeals for the Ninth Circuit · 2008
- United States v. EvanstonCourt of Appeals for the Ninth Circuit · 2011
- United States v. VelaCourt of Appeals for the Ninth Circuit · 2010
16 more not listed; retrieve them via the Exa API.