Criminal Law Keyed to Kadish
People v. Marrero
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Defendant, a Federal Corrections Officer, was arrested for unlicensed possession of a loaded pistol in violation of a statute that made such possession a crime but which also exempted “peace officers”. Peace officers were defined in the Statute in question as “correction officers of any state correctional facility or of any penal correctional institution.” Defendant advanced a mistake of law defense. Specifically, he argued that he had reasonably believed himself to have been included in the exemption for peace officers. Defendant was convicted and timely appealed.
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