Does Defendant's chosen legal theory rather constrain the defense?
MultiRegion, United States of America
The following excerpt is from United States v. Gutierrez-Gomez, No. 2:19-cr-0006-KJM (E.D. Cal. 2020):
chosen legal theory rather constraining the defense. This is particularly so where "[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law." Henderson v. Kibbe, 431 U.S. 145, 155 (1977). Defendant's moving papers provide no argument to the contrary. Defendant's second issue on appeal also does not raise a "substantial question" here.
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