United States Eighth Circuit

Conviction for firearms possession and other crimes is affirmed where: 1) the district court did not err in finding defendant knowingly and voluntarily waived his right to counsel when he asked for permission to proceed pro se at trial; 2) the court did not err in failing to compel the attendance of one of defendant's witnesses as defendant failed to show that her testimony would have been material; 3) the government's failure to produce the transcript of a witness's state court testimony did not violate Brady because the transcript was as available to defendant as it was to the government; 4) the court did not abuse its discretion by denying defendant's request for expert funds as defendant failed to show that an expert on videotapes was necessary for his defense; and 5) the court did not err in refusing to give defendant's proposed instructions on credibility and the effect of a co-defendant's guilty plea.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• GRUENDER, Circuit Judge., Before MURPHY, ARNOLD and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul C. Engh, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Erica MacDonald, AUSA, argued, Minneapolis, MN, for appellee.