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[DOWNLOAD] "Government of Virgin Islands v. Knight" by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free

Government of Virgin Islands v. Knight

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eBook details

  • Title: Government of Virgin Islands v. Knight
  • Author : United States Court of Appeals for the Third Circuit
  • Release Date : January 15, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 85 KB

Description

After numerous postponements of trial dates largely attributable to the defense, defendant Henry Knight filed a notice of intent to raise an insanity defense several days before his trial was scheduled to commence. Federal Rule of Criminal Procedure 12.2(a) precludes a defendant from presenting an insanity defense if the notice of intent is filed after the pretrial motion deadline, but in this case no pretrial motion deadline was set. We hold that when no pretrial motion deadline exists to delineate when a motion is untimely, Rule 12.2(a) contains an implicit requirement that a notice of intent be filed within a reasonable time. Because Knights notice of intent was filed unreasonably late without any justifiable cause, the district court properly precluded him from interposing an insanity defense at trial. We also find no merit in Knights challenges to the exclusion of lay opinion testimony, the omission of lesser included offenses from the jury instructions, and the enhancement of his sentence based on a finding that he is a habitual criminal. We therefore will affirm Knights convictions and his sentence.


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