The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

D's automobile was involved in a collision with another vehicle in Cumberland Gap National Historic Park. When Park Rangers Greg Mullin and Karen Bradford arrived on the scene, they suspected that D was intoxicated. Field sobriety tests and a portable breath test confirmed those impressions. While D was being arrested, a Ranger was forced to struggle with D, who attempted to pull away and D also pulled one officer 'down to one knee, causing an abrasion on that knee.' During his drive to the station, D stated, 'I'm going to mess with you; if I get a shot at you, God dammit I'll kill you, I will; and I'm going to cut your head off.' D was later transported to a local hospital for treatment of a facial cut, and once there he again threatened to decapitate one of the rangers. On the way back to the detention center, D threatened them once more, saying, 'I will put a fuckin' bullet straight in your fuckin' head. The sheriff won't always be in office, and 15 years later I'll walk up on you . . . . I'm going to drive you'ans all straight to hell.' D maintains that the court erred in granting the government's motion in limine to exclude presentation of a defense of diminished capacity based upon voluntary intoxication. D was convicted of resisting a federal law enforcement officer and threatening to assault and murder a federal law enforcement officer with intent to impede such officer in the performance of official duties.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.