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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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United States v. Tony, 2020 WL 413445 (10th Cir. January 27, 2020) (NM): A remarkable reversal of a first degree murder conviction by our Colorado FPD colleague Josh Lee. The panel held the district court incorrectly excluded evidence that the alleged victim used methamphetamine before he fought with Tony because its reasons for doing so were unsupported by the record.Tony admitted that he killed the victim but denied it was pre-meditated because he was defending himself. The district court allowed him to present evidence of the victim?s erratic and violent behavior. But it refused to let Tony offer evidence that the victim had been using methamphetamine during the fight and that methamphetamine caused his aggressive behavior. The court said Tony had not identified a permissible purpose for the methamphetamine evidence...continue to full post

Full post as published by Tenth Circuit Blog on June 16, 2020 (boomark / email).