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.
041468P.pdf 06/08/2005 United States v. Desmond Rouse
U.S. Court of Appeals Case No: 04-1468
and No: 04-1471
and No: 04-1469
and No: 04-1470
District of South Dakota
[PUBLISHED] [Loken, Author, with M. Arnold and Riley, Circuit
Judges]
Criminal case - criminal law. District court did not err in denying
motion for new trial based on newly-discovered evidence on the ground
the court did not believe that the recantations by the child victims were
credible; the record supported the court's findings that the recantations
were the product of family pressure on the victims and nothing refuted
the powerful medical evidence in the case; Brady claims rejected; claim
guardian ad litem's testimony violated the attorney-client privilege
rejected; district court did not abuse its discretion in applying Daubert in
excluding polygraph results.