United States v. Robert Gary Mest

SENTELLE, District Judge:

Robert Gary Mest appeals from his conviction of first-degree murder on a military reservation in violation of 18, United States Code, Section 1111. He based his defense in the trial court solely on an insanity theory. In this appeal, he raises two allegations of error, both directed at limitations placed upon expert testimony offered by him in the trial court. First, he asserts that the retrospective application of Rule 704(b) of the Federal Rules of Evidence is violative of the ex post facto clause of the Constitution; and, second, that the trial court’s refusal to…