Summary: A conviction for assault with a deadly weapon with intent to do bodily harm and assault causing serious bodily injury was vacated, and the case was remanded for a new trial. The court ruled that defendant should have been allowed to have his Forensic Psychology Expert Witness testify, which would have allowed defendant to present his insanity defense to the jury.
Facts: In U.S v. Ray (U.S. Court of Appeals for the Ninth Circuit), two defendants, Patrick Bacon and Daniel Ray, were convicted of assault with a deadly weapon. Bacon and Ray were both jailed in Victorville Federal Prison in California when they coordinated a stabbing of multiple correctional officers. Security cameras recorded the attacks.
After a grand jury indicted Bacon and Ray, they were sent to trial. Prior to trial Bacon gave notice, pursuant to Federal Rule of Criminal Procedure 12.2, that he would put forth an insanity defense. The government filed a motion in limine to preclude Bacon’s Forensic Psychology Expert Witness Dr. Karim from testifying. Dr. Karim had opined in a report that Bacon suffered chronic mental illness throughout his life, that he was on a downward spiral, and as a result, it would be reasonable to conclude “with a high degree of clinical certainty” that he would have had difficulty understanding the nature of his actions at the time of the assault.
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