United States v. Harding, No. 16-2646 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction of unlawful possession of a firearm as a previously convicted felon and possession of a stolen firearm. The court held that the district court did not clearly err by determining that the government's peremptory strike of two Native American venirepersons was not based upon discriminatory purposes; defendant had no basis to challenge the district court's decision on whether or not to appoint counsel for prosecution witnesses; and the district court did not err by denying defendant's motions for mistrial and continuance where defendant failed to demonstrate an abuse of discretion that caused him prejudice.
Court Description: Colloton, Author, with Loken and Kelly, Circuit Judges] Criminal case - Criminal law. Batson challenge rejected; defendant lacked standing to challenge the district court's decision not to appoint counsel for two prosecution witnesses or to advise the witnesses of their Fifth Amendment privilege against self-incrimination; no error in denying a mistrial based on failure to disclose exculpatory evidence as the government was unaware that the witnesses would testify as they did until they gave their testimony; in any event, the testimony inculpated defendant and was disclosed during trial, so there was no Brady violation; the district court did not abuse its discretion by denying defendant's request for a continuance of the proceedings after a government witness disclosed a mental health issue during his testimony, as defendant cross-examined the witness about the issue and was able to argue the illness affected the witness's credibility without a continuance to conduct an investigation; further, the witness's testimony on the key issue - defendant's possession of the firearm - was corroborated by another witness.
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