Legal Opinion
United States v. Gloria Ann Morales
Court of Appeals for the Ninth Circuit
Decided March 5, 1997No. 94-10507PublishedCited by 258 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
Federal Rule of Evidence 704(b) precludes an expert, testifying as to the mental state or condition of a defendant, from stating “an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto.” Fed. R.Evid. 704(b). There is a conflict in our circuit concerning the admissibility of expert testimony under this rule when an expert is asked to give an opinion on a predicate matter from which a jury might infer the defendant’s required mens rea.
In United…
2Cases cited22 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Rubin v. United StatesSupreme Court of the United States · 1981
- United States v. Mark Kevin BinderCourt of Appeals for the Ninth Circuit · 1985
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3Cited by258 opinions
- Molina v. AstrueCourt of Appeals for the Ninth Circuit · 2012
- Richard Adams Hovey v. Robert L. Ayers, Jr., Acting Warden, California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
- United States v. FernandezCourt of Appeals for the Ninth Circuit · 2004
- Nationwide Transport Finance v. Cass Information Systems, Inc.Court of Appeals for the Ninth Circuit · 2008
- United States v. Guillermo VallejoCourt of Appeals for the Ninth Circuit · 2001
253 more not listed; retrieve them via the Exa API.