United States Eighth Circuit

A conviction and sentence for drug-related offenses is affirmed where: 1) denial of a motion to suppress evidence of post-arrest statements was proper as defendant validly waived his Fifth Amendment right to remain silent; 2) substantial evidence supported the jury's verdict; and 3) in light of the overall neutrality displayed by the court, one improper unobjected-to statement did not result in a miscarriage of justice, and the district court did not abuse its discretion in denying a new trial motion.

Appellate Information

• Decided 01/16/2007
• Published 01/16/2007

Judges

• SMITH, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William M. Orth, Minneapolis, MN, for Appellant.


• For Appellees:
  
• Lisa D. Kirkpatrick, argued, Asst. U.S. Attorney, Minneapolis, MN (Elizabeth C. Peterson, Asst. U.S. Attorney, on the brief), for appellee.