United States v. Ray, No. 18-50115 (9th Cir. 2020)Annotate this Case
The Ninth Circuit vacated Defendant Bacon's conviction for assault with a deadly weapon with intent to do bodily harm and assault causing serious bodily injury, and remanded for a new trial. The court held that the district court abused its discretion in excluding the testimony of a clinical expert psychologist, which would have allowed Bacon to present an insanity defense, because the testimony was relevant to defendant's defense. Furthermore, the error was not harmless and the panel could not tell from the record whether the testimony was reliable.