132315P.pdf   07/09/2014  United States  v.  Leon Donald Farlee
   U.S. Court of Appeals Case No:  13-2315
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Shepherd, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Criminal case. Evidence was sufficient to support 
   defendant's conviction for assault with a dangerous weapon; while 
   defendant presented evidence in support of his self-defense theory, a jury 
   could reasonably reject his testimony and conclude beyond a reasonable 
   doubt, based on the other evidence, that he did not act in self-defense; 
   defendant was not entitled to assert a defense of property, and the court 
   did not err in rejecting his defense-of-property instruction; no error in 
   refusing to instruct the jury on the lesser-included offense of assault by 
   striking, beating and wounding given the undisputed level of the victim's 
   injury; self-defense instruction given the jury was not erroneous; 
   district court did not err in admitting evidence under the Leon good faith 
   exception and, even if the court was in error, the error was harmless in 
   light of the evidence of defendant's guilt; no error in denying a 
   continuance based on the absence of a defense witness; no error in 
   admitting evidence from a witness which went to the issue of whether the 
   victim suffered a serious injury as a result of the assault; district 
   court did not abuse its discretion by permitting leading questions when 
   the witness was hesitant and delayed giving answers. Judge Colloton, 
   concurring in part and concurring in the judgment.