Legal Opinion
United States v. Benally
Court of Appeals for the Ninth Circuit
Decided October 25, 2006No. 06-10049Published
1Opinion of the Court
MEMORANDUM **
Delyne Benally appeals his conviction on one count of assault on an Indian child in violation of 18 U.S.C. §§ 1153 and 113(a)(6). He argues that the district court abused its discretion in denying his request for a new trial. We disagree, and affirm.
Benally contends that the district court erred by analyzing his motion for a new trial under doctrine addressing a mistaken voir dire answer, see McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 104 S.Ct. 845, 78 L.Ed.2d 663 (1984), and actual or implied bias, see Tinsley, 895 *817F.2d at 526-28, instead of treating his claim as…
2Cases cited4 opinions
- McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
- Alfred R. Dyer v. Arthur Calderon, Warden, of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1998
- Russell A. Tinsley v. Bob BorgCourt of Appeals for the Ninth Circuit · 1990
- United States v. RosenthalCourt of Appeals for the Ninth Circuit · 2006