141123P.pdf   03/31/2015  United States  v.  Randy Never Misses A Shot
   U.S. Court of Appeals Case No:  14-1123
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Murphy and Gruender, Circuit Judges] 
   Criminal case - Criminal case. The district court's comments to the 
   prosecution at a sidebar regarding a possible deficiency in its evidence 
   and the court's decision to permit the government to reopen its 
   case-in-chief were not an abuse of the court' discretion and did not 
   prejudice defendant because the jury did not hear the comments and the 
   evidence at that point was, in any event, sufficient to convict defendant 
   on the count; evidence was sufficient to support defendant's convictions 
   for sexual abuse of a minor; the court did not err in rejecting 
   defendant's request for a lesser-included-offense of simple assault; no 
   error in admitting the testimony of six Rule 413 and 414 witnesses as the 
   court concluded the conduct covered by their testimony was similar enough 
   to the conduct charged to prove propensity; even if the admission of six 
   witnesses' testimony raised Rule 403 concerns, any error was harmless in 
   light of the other evidence of propensity; no error in excluding evidence 
   of past sexual assault against a victim under Rule 412.