United States Ninth Circuit

In a prosecution for assault with intent to commit murder on an Indian reservation and assault with a dangerous weapon with intent to do bodily harm on an Indian reservation, conviction and rulings against defendant are affirmed where: 1) the district court did not err when it declined to dismiss for lack of jurisdiction, because the government sufficiently proved that the victims were "Indians" within the meaning of 18 U.S.C. section 1152; 2) the district court did not abuse its discretion when it declined to require that the jury return a special verdict form; 3) did not plainly err by referring the jury back to original jury instructions, in response to a question about specific intent; and 4) prosecutor's improper questions and the admission of defendant's testimony regarding the veracity of other witnesses, did not deny him of his right to a fair trial.

Appellate Information

• Argued 05/13/2008
• Decided 08/11/2008
• Published 08/11/2008

Judges

• N.R. SMITH, Circuit Judge:, Before: ANDREW J. KLEINFELD and N. RANDY SMITH, Circuit Judges, and RICHARD MILLS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• J. Thomas Poore, Tucson, AZ, for the defendant-appellant., George Ferko, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.