Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tucker, 716 F.2d 576 (9th Cir. 1983):
In setting forth the rule we adopted in Cooper v. Fitzharris, which requires the accused to show that his defense was impaired, we have not placed a modifier before the word "prejudice" because this court did not do so in fashioning the law of the circuit.
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