United States v. Kerry Lynn Brown

Kerry Lynn Brown appeals his conviction for the first degree murder of a postal employee and for the use of a firearm during the commission of a federal felony, in violation of 18 U.S.C. §§ 1111 (1982 & Supp. III 1985) (amended November 1986), 1114 (Supp. IV 1986), and 924(c) (Supp. III 1985) (amended May 1986). At trial, the court excluded evidence tending to show that Brown suffered from a mental disease or defect. The court also allowed the Government to introduce evidence of two of Brown’s prior wrongful acts. We have jurisdiction under 28 U.S.C. § 1291 (1982). We reverse and remand for a new trial.

FACTS AND PROCEEDINGS

On April 2, 1986, appellant Brown sat in his car outside his parents’ home at 1:30 a.m. A male arrived in a car, approached Brown, and shot him at close range. The bullet entered Brown’s left jaw and exited through his right cheek. After a brief period at the hospital, Brown returned to his parents’ home to recuperate. Brown’s assailant was never captured.

Approximately three weeks later, on April 26, Brown shot and killed a postal carrier as she delivered mail to the home of Brown’s parents. There is no evidence of any animosity between Brown and the…