United States Ninth Circuit

Conviction for abusive sexual contact is affirmed but remanded for resentencing, where: 1) defendant's admission was properly admitted because his diminished mental capacity alone does not render it involuntary and the totality of the circumstances support a finding of voluntariness; 2) defendant validly waived his right to jury trial, indictment, and confrontation; 3) the district court did not err in admitting expert testimony on DNA evidence; 4) testimony of the victim’s grandmother and uncle was properly admitted under the excited utterance exception to the general hearsay exclusion; 5) improper admission of officer's cumulative testimony was harmless; 6) defendant's arguments on prosecutorial misconduct and sufficiency of evidence fail; and 7) the imposition of a lifetime term of supervised release was procedurally sound but case is remanded for clarification and further consideration of the conditions imposed on defendant's supervised release.

Appellate Information

• Decided 02/05/2013
• Published 02/05/2013

Judges

• FARRIS

Court

• United States Ninth Circuit

Counsel