I completely agree that mental state was the key issue, and I think one of the lessons of the Malheur case is to trust your jury. If you've got a case where the conduct isn't in dispute but mental state is, focus the case on evidence of the defendant's state of mind and push for good instructions on that issue.
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I completely agree that mental state was the key issue, and I think one of the lessons of the Malheur case is to trust your jury. If you've got a case where the conduct isn't in dispute but mental state is, focus the case on evidence of the defendant's state of mind and push for good instructions on that issue.