United States Eighth Circuit

Defendant's aggravated sexual abuse conviction is affirmed as to one count where 1) the evidence was sufficient to establish the penetration element; and 2) the jury could have disregarded a prosecution expert's testimony and nonetheless found that the victim had been abused. However, defendant's conviction on another count is reversed where insufficient evidence existed as to the victim's age at the time of the offense conduct.

Appellate Information

• Decided 09/18/2009
• Published 09/18/2009

Judges

• SMITH, Circuit Judge., Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jana Miner, AFPD, Pierre, SD, for appellant.


• For Appellees:
  
• Mark E. Salter, AUSA, Sioux Falls, SD, Eric D. Kelderman, Kevin J. Krull, AUSA, Pierre, SD, for appellee.