Legal Opinion

United States v. Vela

Court of Appeals for the Ninth Circuit

Decided October 26, 2010No. 08-50121PublishedCited by 11 opinions

1Opinion of the Court

Opinion by Judge CANBY; Dissent by Judge N.R. SMITH.

OPINION

CANBY, Circuit Judge:

Rogelio Vela Jr. (“Vela”) appeals from a judgment of not guilty by reason of insanity following a jury trial on a charge of assault on a federal officer, in violation of 18 U.S.C. § 111. He contends that the district court erred in failing to dismiss the indictment, refusing to instruct the jury that willfulness is an element of § 111, and denying him the opportunity to present a diminished capacity defense. He contends that, as a result, he was denied an opportunity for an outright acquittal rather than a verdict…

Also in this document: Dissent.

2Cases cited52 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Apprendi v. New JerseySupreme Court of the United States · 2000
  4. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  5. Wainwright v. SykesSupreme Court of the United States · 1977

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3Cited by11 opinions

  1. United States v. Enrique Acosta-SierraCourt of Appeals for the Ninth Circuit · 2012
  2. United States v. BibbinsCourt of Appeals for the Ninth Circuit · 2011
  3. United States v. William SzaboCourt of Appeals for the Ninth Circuit · 2014
  4. United States v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2020
  5. Commonwealth v. BruneauMassachusetts Supreme Judicial Court · 2015

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