United States Eighth Circuit

A conviction for involuntary manslaughter in Indian country is affirmed where: 1) although the trial court erred in excluding, as hearsay, certain testimony about prior inconsistent statements, the error was harmless; 2) the trial court did not err in excluding evidence that his brother was acquitted of a criminal offense in a prior trial, and in any event, such error would be harmless; 3) there was no plain error in permitting the government to introduce hearsay statements from two witnesses; 4) a claim of error, regarding the admission of evidence of his blood-alcohol concentration, was meritless; and 5) there was no abuse of discretion in admitting a witness's testimony about seeing a vehicle that the government contended belonged to defendant.

Appellate Information

• Decided 08/21/2007
• Published 08/21/2007

Judges

• ARNOLD, Circuit Judge., Before LOKEN, Chief Judge, COLLOTON and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William D. Schmidt, argued, Orell D. Schmitz, on the brief, Bismarck, ND, for appellant.


• For Appellees:
  
• Rick L. Volk, AUSA, argued, of Bismarck, ND, for appellee.