DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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181138P.pdf 02/20/2019 United States v. Chavez Spotted Horse
U.S. Court of Appeals Case No: 18-1138
U.S. District Court for the District of South Dakota - Aberdeen
[PUBLISHED] [Erickson, Author, with Loken, Circuit Judges, and Magnuson,
District Judge]
Criminal Case - conviction. On appeal from conviction for child abuse and
assault with a dangerous weapon, district court did not abuse its
discretion in defining "dangerous weapon" in jury instructions, as it
fairly tracked the statute requiring intent to do bodily harm, not serious
bodily harm, and, in any event, any error was harmless; district court
properly denied the instruction on the reasonable use of disciplinary
force by a guardian as a defense because no reasonable jury could have
found that this use of force was "reasonable in manner and moderate in
degree." The district did not err in excluding testimony nor abuse its
discretion by denying a motion for mistrial following the district court's
revision of in limine order.