[Download] "United States V. Landham" by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Landham
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 25, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Defendant William Landham was convicted of one count of knowingly transmitting a threat to kidnap in interstate commerce, in violation of 18 U.S.C. § 875(c) (Count Three); one count of knowingly transmitting a threat to injure in interstate commerce, also in violation of 18 U.S.C. § 875(c) (Count Four); and one count of making interstate telephone calls that were lewd, indecent, obscene, and lascivious, with the intent to abuse, harass, and annoy another person, in violation of 47 U.S.C. § 223(a)(1)(A) and (B) (Count Five).*fn2 On appeal, Landham asserts that this Court should reverse his convictions because the district court abused its discretion in denying his motion to dismiss as to Counts Three and Four as his statements were not "true threats," and were therefore, constitutionally protected speech under the First Amendment; erred in denying his motion for judgment of acquittal as to Counts Three and Four because his statements were not "true threats"; erred in denying his motion for acquittal as to Count Five because his statements were not obscene; and abused its discretion in allowing the Government to introduce evidence of prior bad acts. Landham further alleges that the Government violated his Fifth Amendment right against self-incrimination by commenting during closing argument on Landham's silence. For the following reasons, we REVERSE all three convictions.

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