Tuesday, September 03, 2013

US v. Humphries, No. 11-50383 (8-29-13) (Fisher with Pregerson and Daniel, D.J.) 

The defendant was convicted of illegally storing hazardous wastes.  The question was when should a jury find that a defendant started to dispose of the wastes:  when he had made a subjective decision; or when he actually acted.  You guessed it:  the actual act.  The jury instruction stating that disposal begins with an act was not erroneous.

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