Criminal Law : Jurors – Continuance

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, 8^th 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)