Mealey's Litigation Procedure - 9th Circuit Extends Barabin To Criminal Actions, Grants New Trial In Threats Case

Mealey's Litigation Procedure - 9th Circuit Extends Barabin To Criminal Actions, Grants New Trial In Threats Case

SAN FRANCISCO - In a criminal trial against a man accused of sending threatening emails to police and prosecutors, a judge erred in excluding a psychologist's testimony regarding diminished capacity because he had evaluated the defendant only for competency to stand trial, a Ninth Circuit U.S. Court of Appeals panel ruled April 17 in reversing the conviction and ordering a new trial (United States of America v. Eric Leon Christian, No. 12-10202, 9th Cir.; 2014 U.S. App. LEXIS 7218).

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