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Ninth Circuit Throws Out Tax Protestor’s Conviction, Orders New Trial

The Ninth Circuit yesterday issued a decision granting a new trial on criminal charges against Lawrence Cohen, whom the opinion describes as an "acolyte" of "well-known recidivist tax protestor Irwin Schiff." From Howard Bashman:

The basis for the ruling is that the district court wrongly excluded the expert testimony of Cohen’s psychiatrist, who would have offered evidence relevant to Cohen’s mental state. Today’s Ninth Circuit ruling also vacates fifteen criminal contempt convictions that the federal district judge summarily imposed on Schiff based on Schiff’s unruly courtroom behavior. Unfortunately for Schiff, the criminal contempt convictions were set aside due to a procedural flaw that the Ninth Circuit is allowing the district court to cure on remand.


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