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U.S. v. MERAZ-SOLOMON

Crim. No. 92-909 H.

818 F.Supp. 1320 (1992)

UNITED STATES of America, Plaintiff, v. Jesus Eduardo MERAZ-SOLOMON, Defendant.

United States District Court, S.D. California.

September 11, 1992.

Attorney(s) appearing for the Case

Bernard G. Skomal, San Diego, CA, for defendant.

Patrick K. O'Toole, Asst. U.S. Atty., San Diego, CA, for plaintiff.

MEMORANDUM DECISION REGARDING WHICH PARTY BEARS THE BURDEN OF PROOF ON DEFENSE OF DURESS

HUFF, District Judge.

The parties move the court for a determination prior to trial as to who bears the burden of proof in this case as to the defense of duress. The defendant argues due process requires the prosecution to disprove the defense beyond a reasonable doubt. The court finds the duress defense would justify rather than negate the intentional element within...

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