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Criminal Law Keyed to Osler
United States v. Taylor
Citation:
224 F.Supp.3d 1262 (N.D. AL. 2016)Facts
An officer stopped by a convenience store to purchase s drunk. He saw the defendant arguing with the store clerk and smelled alcohol on the defendant. He tried to arrested the defendant for public intoxication and the defendant refused to comply. The officer drew his taser and the defendant drew his gun and attempted to shoot the officer, but the safety was on. Defendant was then tased and arrested.
Before trial, defendant underwent mental examination and the examiner found there to be insufficient evidence that the defendant was suffering from a severe mental defect or disease at the time of the incident. He had not received mental health treatment or medication for over 20 years, though he had been previously diagnosed with schizophrenia. The examiner found that his symptoms were more consistent with long term alcohol abuse.
The defense presented the testimony of defendant’s long-time friend who testified that he had strange behavior and often talked to himself.
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