DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021199P.pdf 01/15/2003 United States v. Guy White Horse
U.S. Court of Appeals Case No: 02-1199
District of South Dakota
Criminal Case - Aggravated sexual abuse. Court correctly
assumed jurisdiction over defendant who is an Indian.
There is no plain error in whether defendant was charged
under section 1152 or 1153. District court did not abuse
its discretion in failing to compel the government to provide
forensic report and videotaped interviews because defendant
was able to view both. No Speedy Trial Act violation
occurred. The district court did not abuse its discretion in
holding the Abel Assessment was inadmissable under Rule
702 or in excluding evidence of alleged prosecutorial
misconduct. District court's answer to jury question was
harmless error. Dissent by Judge Heaney on the sufficiency
of the indictment.