United States Tenth Circuit

A conviction for assault resulting in serious bodily injury is affirmed where, although a prosecutor commented inappropriately in urging the jury to convict defendant in order to "end the cycle of violence" on the reservation, there was no plain error in the district court's failure to issue either a mistrial or further corrective instruction sua sponte.

Appellate Information

• Decided 01/29/2008
• Published 01/30/2008

Judges

• GORSUCH, Circuit Judge., Before BRISCOE, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and GORSUCH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jill M. Wichlens, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant., Andrew A. Vogt, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.