United States v. Carey

BASE jumper gets entangled in tree 150 feet off the ground. Yosemite National Park rangers take him to ground, where he is arrested. In pretrial brief, the gov’t says the gov’t must prove beyond a reasonable doubt that the jumper lacked a permit but at trial offers no direct evidence that he lacked a permit. Nevertheless, he’s convicted; it was the jumper’s burden to prove that he did have a permit. (Which, it seems, do not actually exist.) Ninth Circuit: Conviction affirmed.

Tags: 2019, Criminal Law, Ninth Circuit, Permits

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