Deangelo Foote v. United States

A jury found appellant Deangelo Foote guilty of first-degree premeditated murder and of related firearms offenses after a trial in which the court struck certain opinion testimony of the government’s ballistics expert and instructed the jury to disregard it as a remedy and sanction for the government’s failure to disclose it to the defense in pretrial discovery as required by Criminal Rule 16(a)(1)(E). 1 Appellant contends this relief was inadequate, and that the trial judge abused his discretion by declining to grant him a mistrial instead. We disagree. We conclude that appellant failed to…