(Download) "United States v. Ridner" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Ridner
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 17, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The defendant, Scotty Ridner, appeals the district courts in limine ruling that denied him the opportunity to present a necessity defense at trial to charges of being a felon-in-possession of ammunition. As a result of the adverse ruling, Ridner entered into a conditional guilty plea, reserving his right to appeal the courts order precluding the necessity defense. We are constrained to hold that the district courts pre-trial order preventing a criminal defendant from asserting a defense at trial is proper according to this Circuits precedent although we note that the issue has never been addressed by the Supreme Court. The district court held that the defendant failed to establish a prima facie case of necessity pursuant to the five-factor test set forth in United States v. Singleton, 902 F.2d 471, 472 (6th Cir. 1990). Because we agree that the defendant has failed to present evidence to satisfy two of the Singleton factors, we affirm the district courts opinion.