United States Eighth Circuit

Defendant's robbery and attempted murder convictions are affirmed where: 1) the district court's denial of defendant's motion to sever his trial from that of his brother did not prejudice him because the record showed that defendant chose to testify for reasons other than simply exonerating his brother; and 2) no reasonable juror would infer from the prosecution's cross-examination of a defense psychologist that successful malingering would in fact get defendant "out of trouble" by setting him free.

Appellate Information

• Decided 01/29/2010
• Published 01/29/2010

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, HANSEN and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Gail Davis, argued, Minneapolis, MN, for Appellant.


• For Appellees:
  
• Christian Sean Wilton, AUSA, argued, David W. Fuller, AUSA, on the brief, Minneapolis, MN, for Appellee.