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: Fifth Circuit Blog

Yet Another COV Circuit Split: Ninth Disagrees with Fifth Over Mens Rea for Generic Aggravated Assault

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A solid majority of U.S. jurisdictions, as well as the Model Penal Code, define aggravated assault to require a mens rea of intent, knowledge, or some form of heightened recklessness (such as recklessness under circumstances manifesting extreme indifference to the value of human life). "Simple" recklessness won't do. Nevertheless, in United States v. Mungia-Portillo, the Fifth Circuit held that

Full post as published by Fifth Circuit Blog on March 03, 2009 (boomark / email).

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