Legal Opinion
The United States of America v. Joe Alvin Anderson
Court of Appeals for the Fifth Circuit
Decided September 28, 1989No. 87-2905PublishedCited by 71 opinions
1Opinion of the Court
GEE and GARWOOD, Circuit Judges:
Today’s case presents an unusual issue: whether or not we should continue to adhere to Circuit precedent permitting conviction of certain felonies without proof of mens rea. Concluding that such a rule is aberrational in our jurisprudence — a jurisprudence largely based on the Anglo-Saxon common law — we discard it.
Facts
Defendant Joe Alvin Anderson was arrested for possessing two automatic pistols and various silencer parts in violation of a provision of the National Firearms Act, 26 U.S.C. § 5861.1 The weapons, along with several semi-automatic pistols, were…
2Cases cited29 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Morissette v. United StatesSupreme Court of the United States · 1952
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
- Dennis v. SparksSupreme Court of the United States · 1980
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
24 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Staples v. United StatesSupreme Court of the United States · 1994
- United States v. HarrisCourt of Appeals for the D.C. Circuit · 1992
- United States v. Baytank (Houston), Inc., United States of America v. Baytank (Houston), Inc.Court of Appeals for the Fifth Circuit · 1991
- United States v. Alfonso Lopez, Jr.Court of Appeals for the Fifth Circuit · 1993
- United States v. Shawn SerfassCourt of Appeals for the Fifth Circuit · 2012
66 more not listed; retrieve them via the Exa API.