DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151936P.pdf 02/19/2016 United States v. Christopher Kobe Rainbow
U.S. Court of Appeals Case No: 15-1936
and No: 15-1937
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Wollman, Author, with Bright and Loken, Circuit Judges]
Criminal case - Criminal law. Admission of certificates prepared by a
tribal enrollment clerk certifying defendants' degree of Indian blood did
not violate their Sixth Amendment Confrontation Clause rights as the clerk
prepared the certificates using records maintained in the ordinary course
of business by the Standing Rock Agency, and the BIA routinely issues
certificates in the administration of its affairs; additionally, the
government elicited testimony from the Standing Rock Sioux Tribe's deputy
superintendent for trust services that defendants were enrolled members of
the Tribe; no error in denying defendants' requests for
lesser-included-offense instructions as the instructions were not
supported by the evidence; trial court's questioning of the emergency room
doctor who treated the victim merely clarified the doctor's testimony and
was not grounds for reversal; evidence was sufficient to convict defendant
Jordan of assault with a dangerous weapon and assault resulting in serious
bodily injury.