United States v. Dixon

A jury convicted defendant-appellant Nikolle Dixon on one count of embezzlement and theft from an Indian tribal organization. Before trial, Dixon filed a Notice of Defense of duress, on the theory that she faced an imminent threat of sexual assault from her stepfather and that her Post Traumatic Stress Disorder (“PTSD”) caused her to believe that no recourse to escape that assault was available except through theft. More specifically, Dixon asked the court to consider her theory of duress under the elements for that defense spelled out in Tenth Circuit Pattern Jury Instruction No. 1.36. In response, the government filed a motion in limine, asking the court to reject the defense and to exclude all evidence and testimony relevant to the defense. The court granted the government’s motion. To ensure preservation of her objection, shortly before trial, Dixon’s counsel offered Pattern Instruction 1.36 for the court’s possible presentation to the jury and filed a written proffer of the expert testimony that would be elicited in support of her duress defense. At trial, however, the court maintained its previous ruling, which rejected the defense, and the jury convicted Dixon. On appeal, Dixon asked the Tenth Circuit to reverse the district court’s decision rejecting her duress defense, specifically, her related request for a jury instruction. After review of the district court record, the Tenth Circuit rejected Dixon's contentions and affirmed her convictions. View "United States v. Dixon" on Justia Law