United States v. Rainbow, No. 15-1936 (8th Cir. 2016)Annotate this Case
Defendants Christopher and Jordan were found guilty of assault with a dangerous weapon and assault resulting in serious bodily injury, both in violation of 18 U.S.C. 2, 113, and 1153. The court concluded that the admission of the certificates of the degree of Indian blood did not violate Christopher’s and Jordan’s Sixth Amendment rights because they were admissible as non-testimonial business records. In this case, the enrollment clerk here did not complete forensic testing on evidence seized during a police investigation, but instead performed the ministerial duty of preparing certificates based on information that was kept in the ordinary course of business. Moreover, in addition to the certificates, the government elicited testimony from the deputy superintendent for trust services that Christopher and Jordan were enrolled in the Standing Rock Sioux Tribe. The court also concluded that the district court did not abuse its discretion in denying the lesser-included-offense instruction; there was no error in the district court’s questioning of the emergency room doctor; and the evidence was sufficient to convict Jordan of assault with a dangerous weapon or assault resulting in serious bodily injuries. Accordingly, the court affirmed the judgment.