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.
131657P.pdf 03/12/2014 United States v. Patrick Brown Thunder
U.S. Court of Appeals Case No: 13-1657
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Gruender, Author, with Bright and Melloy, Circuit Judges]
Criminal case - Criminal law. The district court did not err in rejecting
defendant's proposed instructions outlining three defense theories as the
instructions given to the jury covered the reasonable doubt and
credibility issues raised in the proposed instructions and he was allowed
to argue the theories in his closing argument; evidence was sufficient to
support defendant's conviction for sexual abuse of a person incapable on
consenting; evidence was sufficient to show the crime occurred in Indian
country; district court did not abuse its discretion by excluding evidence
of a second man's sex abuse conviction as defendant failed to present any
evidence that the man had access to the victim and an opportunity to
commit the offense.