United States Eighth Circuit

Conviction for aggravated sexual abuse and attempted aggravated sexual abuse is affirmed where: 1) the district court did not err in denying a motion to dismiss the indictment for alleged government misconduct as the jury's guilty verdict rendered any error harmless; 2) the court did not abuse its discretion in excluding certain evidence under Fed. R. Evid. 412(b)(1)(A), as the court conducted the required balancing and properly found admission would violated Rule 403; 3) the exclusion of evidence under Rule 412(b)(1)(C) was not arbitrary or disproportionate to the purposes served by the exclusion; and 4) the court did not abuse its discretion in including a jury instruction on the lesser-included offense of attempted aggravated sexual abuse.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• GRUENDER, Circuit Judge., Before BYE, JOHN R. GIBSON and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark Falk, AFPD, argued, George E. Grassby, AFPD, on the brief, Rapid City, SD, for appellant.


• For Appellees:
  
• Mark E. Salter, AUSA, argued, Sioux Falls, SD, for appellee.