United States v. Bravebull, No. 17-1978 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for assault with a dangerous weapon and assault resulting in serious bodily injury. The court held that any error the prosecutor committed by discussing his views on shoes as dangerous weapons was not plain; there was sufficient evidence to find that the shoes defendant and her daughter wore were dangerous weapons; defendant did not raise her claim that two crimes of conviction were multiplicitous before trial and the claim was untimely; there was no plain error in the district court's jury instruction on aiding and abetting and the evidence was sufficient to show that she actually aided and abetted her daughter; and defendant abandoned the intoxication defense and withdrew the corresponding jury instruction.
Court Description: Arnold, Author, with Kelly and Stras, Circuit Judge] Criminal case - Criminal law. Any error the prosecutor may have made in comments regarding shoes as dangerous weapons was not plain; evidence was sufficient to support the finding that the shoes the defendants wore were dangerous weapons; defendant did not raise her claim that the charges of assault with a dangerous weapon and assault resulting in serious bodily injury were multiplicitous before trial and the claim was untimely under Fed. R. Crim. P. !2(c)(3); claim that the instruction on aiding and betting was erroneous cannot serve as the basis for a reversal as the evidence was sufficient to support the other ground for conviction - that defendant committed the assault herself; the record showed defendant abandoned her intoxication defense and withdrew her corresponding instruction.
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