Where a defendant in a firearm case challenged the district court’s overruling of his objections to the government’s two peremptory strikes of two Native-American prospective jurors, the judgment is affirmed because the defendant did not show that the prosecutor’s justifications for the strikes were implausible or a pretext for race, and the defendant also did not show that the court erred by denying his motions for a mistrial and a continuance.
Judgment is affirmed.
U.S. v. Harding (MLW No. 70823/Case No. 16-2646 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of South Dakota, Viken, J. (Jamy Patterson, Rapid City, South Dakota, argued for appellant) (Kevin Koliner, Sioux Falls, South Dakota, argued for appellee; Benjamin Patterson appeared on the brief).
Read the full text of this opinion. (PDF)