United States v. Brown, Jr., No. 12-1236 (8th Cir. 2013)
Annotate this CaseDefendant was convicted of attempted aggravated sexual abuse and sentenced to life imprisonment. On appeal, defendant challenged his conviction. The court held that there was sufficient evidence to support defendant's conviction where defendant conceded to commit aggravated sexual abuse and a reasonable juror could have concluded that defendant's conduct constituted a substantial step toward aggravated sexual abuse. The court also held that the district court did not commit plain error by denying defendant's request for a mistrial based on the Government's tiger stripes/leopard spots remark during closing argument. Even if it was plain error, there was no effect on defendant's substantial rights. Therefore, the court affirmed the judgment.
Court Description: Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for attempted aggravated sexual abuse; prosecutor's comments that a tiger does not change his stripes or a leopard his spots, did not require a mistrial, as it was not improper for the government to suggest that defendant's prior sexual assaults shed light on his modus operandi; even if the comment was improper, it did not deprive defendant of a fair trial given the evidence in the case and the court's issuance of a curative instruction that the jury could not convict a defendant solely because he had committed a similar act in the past.
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