United States Tenth Circuit
US v. Commanche, 08-2257
Defendant's conviction for assault resulting in serious bodily injury is reversed where defendant's two prior aggravated battery convictions bore on his intent only if a jury first infers that he is prone to violence, and the district court abused its discretion by allowing testimony as to the facts underlying these convictions.
Appellate Information
- Decided 08/24/2009
- Published 08/24/2009
Judges
- LUCERO, Circuit Judge., Before KELLY and LUCERO, Circuit Judges, and EAGAN, District Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- P. Jeffery Jones, Santa Fe, New Mexico, for Defendant-Appellant., Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the briefs), Albuquerque, New Mexico, for Plaintiff-Appellee.