# United States v. Matias Delerme, Jr.

> Court of Appeals for the Third Circuit · March 14, 1972 · 457 F.2d 156

URL: https://www.frixlaw.com/law-library/cases/9457928

## Case

- **Full name:** UNITED STATES OF AMERICA v. MATIAS DELERME, JR., Appellant
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** March 14, 1972
- **Citations:** 457 F.2d 156; 8 V.I. 515; 1972 U.S. App. LEXIS 10757
- **Precedential status:** Published
- **Opinion:** Dissent by Seitz
- **Judges:** Judge-, Seitz, Aldisert, Gibbons
- **Cited by:** 57 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9457928

## How later opinions describe it (automated extraction)

- noting that appellate court should afford great deference to credibility determinations by the factfinder, who is uniquely positioned to view a witness’ demeanor and to assess credibility

## Opinion text

SEITZ, Chief Judge,
dissenting.
In Screws v. United States, 325 U.S. 91, 103-07 , (1945), the Supreme Court construed 18 U.S.C.A. § 242 to require proof that the defendant acted with the specific intent and purpose to deprive the particular complainant of a constitutional right “made definite by decision or other rule of law. ...” Here the majority upholds the district court finding that defendant had such a specific intent and purpose. However, as the district court itself indicated, the testimony suggested that the defendant, aroused by the relentless and circuitous automobile chase, acted “in the passion of anger.” In my view, such evidence does not permit the conclusion that the defendant possessed “some specialized knowledge or design or some evil beyond the common law intent to do injury.” Morrissette v. United States, 342 U.S. 246, 265 (1952). A strict evaluation of the evidence is necessary if federal prosecutions under § 242 are not to swallow up state and local criminal law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457928. Public record. Not legal advice.