United States v. Thomas, No. 17-1294 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's convictions for domestic assault by an habitual offender and assaulting an intimate partner by suffocation or attempted suffocation. The court held that there was sufficient evidence to convict defendant of assaulting an intimate partner by suffocation or attempted suffocation and the jury's statement that it believed defendant was negligent did not undermine the jury's finding of recklessness. Furthermore, there were no allegations the jury considered extraneous information or was influenced improperly. The court held that the district court acted within its broad discretion in finding the jury followed its instructions.
Court Description: Benton, Author, with Shepherd and Kelly, Circuit Judges] Criminal Case - conviction. Evidence was sufficient to support jury verdict for assaulting an intimate partner by suffocation or attempted suffocation, notwithstanding juror's statement to the judge after the verdict that they did not think the defendant intended to hurt the victim; the victim's testimony was corroborated by witnesses; and the victim's testimony supports a finding of recklessness. Jury's statement using the word negligence is not evidence the jury did not follow the instructions.
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