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Monday, November 10, 2014

Ind. Decisions - 7th Circuit decided one Indiana case Friday, a reversal

In USA v. James Bowling, (SD Ind., McKinney), a 14-page opinion, Judge Manion writes:

James Bowling was convicted of two counts of making false statements in connection with the purchase of a firearm under 18 U.S.C. § 922(a)(6). Bowling argues that he deserves a new trial because the trial court made three errors: it prevented him from asserting a mistake-of-fact defense; it refused to require the government to enter into a stipulation; and, it failed to submit the issue of materiality to the jury. We hold that the trial court violated Bowling’s due process right to present a mistake-of-fact defense and remand for a new trial.

Posted by Marcia Oddi on November 10, 2014 12:33 PM
Posted to Ind. (7th Cir.) Decisions