Legal Opinion

United States v. Smith

Court of Appeals for the Eighth Circuit

Decided January 5, 2010No. 09-1036PublishedCited by 34 opinions

1Opinion of the Court

GRUENDER, Circuit Judge.

After a jury trial, Peter James Smith was convicted of two counts of aggravated sexual abuse of a child, in violation of 18 U.S.C. §§ 1153 and 2241(c). Smith appeals, arguing that the district court 1 erred by admitting a 40-minute DVD recording of a forensic interview of the child victim and by admitting the lay opinion testimony of the forensic interviewer under Federal Rule of Evidence 701. For the following reasons, we affirm.

I. BACKGROUND

In December 2006, Smith and his girlfriend, Priscilla Bear, babysat B.R., then eight years old, at B.R.’s home. Immediately…

2Cases cited20 opinions

  1. United States v. Harold McMillanCourt of Appeals for the Eighth Circuit · 1975
  2. United States v. HilandCourt of Appeals for the Eighth Circuit · 1990
  3. Burlington Northern Railroad Company v. State of Nebraska the Nebraska Public Service CommissionCourt of Appeals for the Eighth Circuit · 1986
  4. United States v. Juvenile NbCourt of Appeals for the Eighth Circuit · 1995
  5. United States v. Clyde BeasonCourt of Appeals for the Eighth Circuit · 2000

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3Cited by34 opinions

  1. Venalonzo v. PeopleSupreme Court of Colorado · 2017
  2. United States v. White BullCourt of Appeals for the Eighth Circuit · 2011
  3. United States v. BowieCourt of Appeals for the Eighth Circuit · 2010
  4. United States v. STABL, Inc.Court of Appeals for the Eighth Circuit · 2015
  5. United States v. FaulknerCourt of Appeals for the Eighth Circuit · 2011

29 more not listed; retrieve them via the Exa API.

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