United States v. Bright

517 F.2d 584 (2nd Cir. 1975)

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Nature of the Case

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Facts

Bright (D) was in possession of nine welfare checks, and these checks were stolen from the U.S. mail. The checks were in possession of Fred Scott, and Scott gave them to D to cash them on the pretext that Scott did not have a band account of his own. D admitted at trial that she had cashed the checks but swore that she did not know they were stolen. D testified that Scott had told her they were received as payments for debts or rent owed to him. After one of the checks had been returned unpaid, D complained to Scott, and he made good on the loss. After that incident, D cashed three more checks, and her conviction was based on the cashing of the latter checks. D sought to introduce expert testimony that she did not suffer from mental illness but had character flaws and a desire to believe that her boyfriend could do no wrong and because he referenced Scott to her, she did not think that the checks were stolen; she as passive-dependent personality disorder. This testimony was not admitted and D was convicted and appealed.