Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant by David Reutter by David M. Reutter The Supreme Court of Ohio held that a defendant need not “intend to harm or kill another person to be entitled to a self-defense jury instruction.” The …

Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of …

New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed Deshawn Deverow’s murder conviction after concluding the trial court’s evidentiary rulings deprived him of “a …

Mens Rea: Criminal Liability Should Equal Criminal Intent by Casey Bastian by Casey Bastian The American justice system was premised on certain legal principles. One of its most vital foundational principles was mens rea. Mens rea is Latin and literally means “guilty mind.” The principle that, to hold someone liable …