United States Eighth Circuit
US v. Street, 07-2600, 08-2109
A conviction for aiding and abetting the intentional killing of an individual in furtherance of a drug trafficking offense is reversed and remanded for a new trial where: 1) it was an abuse of discretion to deny defendant's motion for a mistrial following testimony by a government witness that defendant had admitted failing a polygraph examination; 2) it was reversible error to allow extensive testimony on the violent, lawless tendencies of a particular motorcycle gang; and 3) neither error alone, and certainly not the two in combination, could be considered harmless.
Appellate Information
- Decided 12/01/2008
- Published 12/01/2008
Judges
- MURPHY, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Frederick A. Duchardt, Jr., Trimble, MO, argued, for appellant.
- For Appellees:
- Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., Jeffrey E. Valenti, Asst. U.S. Atty., on the brief), for appellee.