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United States v. McKinney

17 Fed. Appx. 808 (2001)

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United States v. McKinney

United States Court of Appeals for the Tenth Circuit
17 Fed. Appx. 808 (2001)

Facts

Beatrix McKinney (defendant) was charged with assaulting Joyce Straight on a military base in Kansas. The conflict arose at the base horse stables, where both women boarded horses. An argument ensued between McKinney and Straight, which led to McKinney threatening Straight’s life. Both women then left in their cars, and Straight reported the incident. At trial, Straight testified that after what McKinney said, she was afraid that McKinney might drive into her car. After an argument on a previous occasion, McKinney drove her car directly at Straight’s car, stopping just before a collision. A magistrate judge found McKinney guilty of assault. McKinney appealed, and the judgment was affirmed by the district court. Both the magistrate judge and district court judge credited Straight’s testimony. McKinney appealed to the circuit court.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

Dissent (Jones, J.)

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