United States Eighth Circuit
US v. Whittington, 08-3698
Defendant's tax fraud conviction is affirmed where: 1) even if the burden were on the government to prove defendant's competence to stand trial, the government met its burden; and 2) the district court's finding by a preponderance of the evidence that defendant was competent to stand trial was not arbitrary, unwarranted, or clearly erroneous.
Appellate Information
- Decided 11/12/2009
- Published 11/12/2009
Judges
- RILEY, Circuit Judge., Before MURPHY, BRIGHT, and RILEY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Lee Lawless, AFPD, argued, St. Louis, MO, for appellant.
- For Appellees:
- Steven E. Holtshouser, AUSA, argued, St. Louis, MO, for appellee.