103142P.pdf   06/13/2012  James Allen Gregg  v.  United States
   U.S. Court of Appeals Case No:  10-3142
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
   Prisoner case - habeas. District court did not err in denying habeas
   relief as the Rule 404(b) evidence that Gregg sought to have admitted in a
   new trial showing two violent incidents involving the victim did not
   establish a reasonable probability - given the evidence against Gregg's
   self-defense claim - that the result of the proceeding would have been
   different if it had been admitted; the evidence was cumulative to evidence
   already admitted that showed the victim could be belligerent and
   aggressive; even assuming the evidence cast doubt on the jury's verdict,
   the trial court likely would have excluded the evidence under Rule 403.
   Judge Bye, dissenting.
  
103142P.pdf   03/16/2012  James Allen Gregg  v.  United States
   U.S. Court of Appeals Case No:  10-3142
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
   Prisoner case - habeas. The Rule 404(b) evidence that Gregg claimed
   his attorney failed to introduce would not establish a reasonable
   probability that the result of the trial would have been different, and the
   district court did not err in rejecting Gregg's claim that his attorney's
   failure to introduce the evidence constituted ineffective assistance of
   counsel; even assuming that the victim's two violent acts could cast doubt
   on the jury's verdict, the trial court likely would have excluded the
   evidence under Rule 403 or Rule 404(b) as the probative value of the
   evidence was substantially outweighed by its unfair prejudice. Judge Bye,
   dissenting.