DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191555P.pdf 01/11/2021 United States v. Crystal Earth
U.S. Court of Appeals Case No: 19-1555
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Shepherd,
Circuit Judge]
Criminal case - Criminal law. Challenges to the admission of statements
defendant alleged were inadmissible hearsay rejected as the statements
were either not admitted for the truth of the matter asserted or were
admissible under various exceptions to the hearsay rule; while statements
the victim made at the hospital were not admissible under any of the
exceptions and were admitted for the truth of the matters asserted, the
admission of the evidence was harmless in the light of all of the other
evidence in the case; the district court did not err in rejecting
defendant's proposed self-defense instruction and giving the 8th Cir.
Model Jury Instruction on self-defense; the evidence was sufficient to
support defendant's conviction for assault with a dangerous weapon.