United States v. Lasley, No. 17-3749 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit vacated defendant's assault convictions for inflicting an eye and arm injury on his girlfriend and remanded for a new trial. The court held that, when the district court instructed the jury that it was not limited to the arm injury, the district court constructively amended the indictment to include assault counts based on the eye injury. The court found reversible error, because defendant was prejudiced by the error.
Court Description: Per Curiam - Before Erickson, Beam and Grasz, Circuit Judges] Criminal case - Criminal law. When the district court instructed the jury that it was not limited to the injury set out in count one and could consider any injuries allegedly suffered by the victim, it constructively amended the indictment in violation of defendant's Sixth Amendment right and the matter must be reversed and remanded for further proceedings.
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