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United States v. Dixon

JUSTICES WEIGH ABUSE IN WOMAN’S DEFENSE, Gina Holland, Associated Press, The Baltimore Sun, Baltimore, MD: April 25, 2006. Copyright © 2006 The Baltimore Sun.

Top Court Sides with Government in Duress Case, Associated Press, The Washington Post,  Washington, DC: June 22, 2006. Copyright © 2006 Associated Press.

UNITED STATES V. DIXON (413 F.3d 520 (5th Cir. 2005), cert. granted, 126 S. Ct. 1139), United States Court of Appeals for the Fifth Circuit, 2006. In support of her duress defense, criminal defendant offers testimony on battered women’s syndrome from Dr. Toby Myers, domestic violence expert. Trial court excludes testimony as irrelevant and jury convicts. Exclusion affirmed. Witness’s testimony went to defendant’s subjective state of mind, whereas test for duress defense is defined objectively, by reference to whether person of reasonable firmness in defendant’s position would have been able to resist engaging in criminal conduct.




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