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.
162646P.pdf 07/28/2017 United States v. Patrick Harding
U.S. Court of Appeals Case No: 16-2646
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges]
Criminal case - Criminal law. Batson challenge rejected; defendant lacked
standing to challenge the district court's decision not to appoint counsel
for two prosecution witnesses or to advise the witnesses of their Fifth
Amendment privilege against self-incrimination; no error in denying a
mistrial based on failure to disclose exculpatory evidence as the
government was unaware that the witnesses would testify as they did until
they gave their testimony; in any event, the testimony inculpated
defendant and was disclosed during trial, so there was no Brady violation;
the district court did not abuse its discretion by denying defendant's
request for a continuance of the proceedings after a government witness
disclosed a mental health issue during his testimony, as defendant
cross-examined the witness about the issue and was able to argue the
illness affected the witness's credibility without a continuance to
conduct an investigation; further, the witness's testimony on the key
issue - defendant's possession of the firearm - was corroborated by
another witness.