United States v. Mutte, No. 10-2160 (10th Cir. 2011)
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Defendant-Appellant Keith Mutte challenged his conviction for "assault resulting in bodily injury." The charge stemmed from a domestic dispute between Defendant and his then-girlfriend. While Defendant and the girlfriend were watching television and doing laundry, the girlfriend testified that Defendant hit and kicked her repeatedly, eventually breaking her ankle. Defendant argued that other evidence presented at trial did not corroborate his girlfriend's testimony. The district court ruled that the girlfriend's testimony alone was sufficient to support the jury's finding beyond a reasonable doubt that Defendant assaulted her. On appeal to the Tenth Circuit, Defendant asserted that there was insufficient evidence to support his conviction. Upon consideration of the arguments and the applicable legal authority, the Court affirmed the Defendant's conviction on assault charges.
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