Amicus Briefs by Topic

EXPERT TESTIMONY:  BATTERING AND ITS EFFECTS TO
EXPLAIN BEHAVIOR

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BOZON-PAPPA, EVELYN

Evelyn Bozon-Pappa v. US, 11th Circuit, Certiorari US Supreme Court,
March 2000

Brief for certiorari on behalf of battered woman defendant convicted of participating with abusive boyfriend in federal drug conspiracy.  Brief reviews history of admission of expert testimony on battering, and argues that battering expert was wrongfully excluded as such testimony was needed for proper evaluation of prosecution evidence of defendant’s purported “knowing and intentional” conduct and defense evidence of history of abuse by co-defendant. 

Cert. Denied.  529 U.S. 1061, 120 S. Ct. 1572, 146 L. Ed. 2d 474 (2000)

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MUNGUIA, KENIA

US v. Kenia Munguia, US Ct. App. 9th Circuit, April 2011

Brief on behalf of battered woman defendant who bought pseudoephedrine at the direction of her abusive boyfriend.  Brief argues that expert testimony on battering was relevant to defendant’s knowledge that the drug would be used to make methamphetamine and her failure to ask boyfriend probing questions.

Reversed on other grounds.  704 F.3d 596 (9th Cir. 2012)

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STEWART, RHONDA

State v. Rhonda Stewart, Supreme Court WV, 2011

Brief on behalf of battered woman defendant convicted of murder for shooting abusive husband when she intended to shoot herself.  Brief reviews admissibility of battering evidence for purposes other than self-defense, explains relevance for assessing state of mind elements, and demonstrates how defendant was prejudiced. 

Reversal of conviction affirmed.  State v. Stewart, 228 W. Va. 406, 719 S.E.2d 876 (2011)

NCDBW note:  Excluded eyewitnesses to abuse and battering expert could have cast doubt on premeditation and malice elements of murder.