United States Tenth Circuit

Grant of a motion for a new trial from a conviction for forcibly assaulting a Bureau of Indian Affairs officer with a dangerous weapon is reversed and the conviction reinstated where: 1) the district court erred in admitting both a juror's testimony about racial bias and juror testimony about sending a message under Federal Rule of Evidence 606(b); and 2) this was the only evidence that defendant presented to challenge the verdict.

Appellate Information

• Decided 11/12/2008
• Published 11/13/2008

Judges

• McCONNELL, Circuit Judge., Before KELLY, McCONNELL and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Trina A. Higgins, Assistant United States Attorney (Brett L. Tolman, United States Attorney;  Diana Hagen, Assistant United States Attorney, with her on the briefs), District of UT, for Plaintiff-Appellant.


• For Appellees:
  
• Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the brief), District of UT, for Defendant-Appellee.