Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Dixon v. United States

Docket No.: 05-7053
Certiorari Granted: 1/13/2006
Argued: April 25, 2006
Decided: June 22, 2006

Topics:

Due Process, Miscellaneous

PartyNames: Keshia Cherie Ashford Dixon v. United States
Petitioner: Keshia Cherie Ashford Dixon
Respondent: United States

Court Below: United States Court of Appeals for the Fifth Circuit

Keshia Cherie Ashford Dixon
v.
United States
548 U.S. 1 (2006)
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. Where a criminal defendant raises a duress defense, whether the burden of persuasion should be on the government to prove beyond a reasonable doubt the defendant was not under duress, or upon the defendant to prove duress by a preponderance of the evidence. 2. Whether petitioner was deprived of a fair trial by the exclusion of expert testimony on battering and its effects that was offered in support of her defense of duress.

Question:

When a defendant raises a duress defense, is the burden of proof on the defendant to prove duress by a preponderance of the evidence, or on the government to prove beyond a reasonable doubt that duress is not applicable?

Holding: adjudged to be affirmed
Vote: 7-2
Opinion By:
Read DIXON V. UNITED STATES opinion (PDF)

Other Resources for Dixon v. United States:
resource.org
justia.com
wikipedia.org