072156P.pdf   07/25/2008  United States  v.  Marcus Davis
   U.S. Court of Appeals Case No:  07-2156
                          and No:  07-2158
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Wollman, Author, with Bright and Smith, Circuit Judges]
   Criminal case - criminal law. Evidence was sufficient to support
   convictions for malicious use of fire causing personal injury and death;
   defendants failed to make a proper objection to the prosecutor's use of
   their out-of-court statements, and their claim of prosecutorial misconduct
   and Bruton error would be reviewed under the plain error standard;
   prosecutor's use of a demonstrative aid comparing the defendants' out-of-
   court statements did not affect their substantial rights or deny them a fair
   trial; no error in denying motion to sever. Judge Bright, dissenting on the
   claim of prosecutorial misconduct and contending the Bruton error
   requires a new trial.