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U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson)

The court explained the "necessary compulsion test" of Rule 704(b) which prohibits an expert's testimony about whether the defendant had the mens rea for the crime but permits testimony about his mental state so long as it does not compel that conclusion.

This en banc decision reverses an old Ninth ...

 

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