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U.S. v. Levine, No. 94-50588 (5th Cir.) (80 F.3d 129) (March 28, 1996) (Judge James L. Dennis)

The Court observed that a majority of circuits have found that "hypothetical questions mirroring the fact patterns of the evidence in the trial case [violate Rule 704(b)] when the answering testimony contains a necessary inference as to whether the defendant did or did not have the mental state or condition ...

 

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