Legal Opinion
United States v. Michael Curtis Keys
Court of Appeals for the Ninth Circuit
Decided September 11, 1996No. 93-50281PublishedCited by 61 opinions
1Opinion of the Court
TROTT, Circuit Judge:
Keys was charged with the crime of having made as a witness a false declaration in federal court in violation of 18 U.S.C. § 1623(a), also known as perjury. The statutory “materiality” element of this offense, however, was not submitted for decision to the jury, but, with the assent of both parties, to the trial judge. This practice reflected the established law of this circuit at the time of the trial. After the judgment of conviction, however, the law changed. The law now mandates that the materiality element of such crimes be decided not by the trial judge, but by the…
2Cases cited27 opinions
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- Arizona v. FulminanteSupreme Court of the United States · 1991
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- United States v. JohnsonSupreme Court of the United States · 1982
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3Cited by61 opinions
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