032989P.pdf   07/26/2005  United States  v.  Michael Gianakos
   U.S. Court of Appeals Case No:  03-2989
                          and No:  03-3965
   District of North Dakota   
   [PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Bright, 
   Circuit Judge] 
   Criminal case - criminal law. District court did not err in admitting 
   defendant's testimony from a related state court trial as admission of the 
   testimony did not violate defendant's Fifth Amendment right against self- 
   incrimination; district court did not plainly err in refusing to give 
   defendant's proposed accessory-after-the-fact instruction; district court 
   adequately responded to potential juror misconduct (premature 
   deliberations), and its actions were within its broad discretion and were 
   not plain error; district court did not abuse its discretion in refusing to 
   remove the juror involved in the incident; claims of evidentiary errors 
   rejected; district court did not err in denying motion for new trial based 
   on a claim of newly-discovered evidence, as the evidence was cumulative 
   to other testimony and did not exculpate defendant. Judge Bright, 
   Dissenting on the juror-misconduct issue. 
  
032989P.pdf   04/21/2005  United States  v.  Michael Gianakos
   U.S. Court of Appeals Case No:  03-2989
                          and No:  03-3965
   District of North Dakota   
   Criminal case - criminal law. Evidence was sufficient to support 
   conviction for kidnaping resulting in death; district court did not abuse 
   its discretion in admitting testimony from defendant's prior state trial; 
   court did not abuse its discretion in denying request for instruction on 
   offense of accessory after the fact, as defendant did not preserve the issue 
   for appellate review; evidence of premature deliberation by one juror did 
   not require the court to conduct a more detailed investigation nor did it 
   require the removal of the juror; various claims of evidentiary errors 
   rejected; district court did not err in denying motion for new trial based 
   on newly discovered evidence, as it was not exculpatory. Judge Bright 
   dissenting on the juror-misconduct issue. 
   [PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Bright, 
   Circuit Judges]