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.