191007P.pdf   07/06/2020  United States  v.  James Dowty
   U.S. Court of Appeals Case No:  19-1007
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Kelly, Author, with Loken and Benton, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err in denying 
   defendant's Rule 33(a) motion for a new trial as the evidence did not 
   weigh heavily enough the verdict that a miscarriage of justice had 
   occurred; the district court did not abuse its discretion in permitting a 
   brief, heavily monitored meeting of three of the government's witnesses 
   before trial as they had been instructed that they could not speak 
   directly or indirectly about the case; claim court clearly erred in not 
   giving a more specific instruction on eyewitness testimony rejected, as 
   the instructions given, including 8th Cir. Model Crim. Jury Instruc. Sec. 
   3.04, adequately submitted the issues; the district court did not abuse 
   its discretion by denying defendant's request for the jury to view the 
   area of the shooting, as it would have required a 180-mile round-trip as 
   well as the jury's presence in the area between 3:00 and 4:00 a.m., and 
   other evidence adequately set forth the site conditions.