United States v. Thigpen

4 F.3d 1573 (11th Cir. 1993)

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Nature of the Case

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Facts

D, a felon, illegally obtained three semi-automatic pistols. Prior to this, D had resided at an adult living facility for the mentally disturbed. D complained of voices informing him that others were out to kill him. D was charged with making false statements to obtain guns and illegally possession those guns after a felony conviction. At trial, two psychiatrists testified that D was schizophrenic. D’s defense was insanity. P elicited testimony from prosecution and defense experts that a person with schizophrenia would necessarily be unable to appreciate the nature of wrongfulness of his actions. D objected to these questions but was overruled. D was convicted and appealed. D contends that, in violation of Federal Rule of Evidence 704(b), the district court allowed the government to elicit expert testimony as to his ability to appreciate the nature or wrongfulness of his actions.