Legal Opinion

United States v. Bercier

Court of Appeals for the Eighth Circuit

Decided November 1, 2007No. 06-4125PublishedCited by 47 opinions

1Opinion of the Court

LOKEN, Chief Judge.

A jury convicted Duane Bercier of aggravated sexual abuse and abusive sexual contact in Indian country in violation of 18 U.S.C. §§ 2241(a)(1), 2244(a)(1), and 1153. The victim was his sister’s eighteen-year-old foster daughter, Cheryl Blue. Bercier appeals the conviction, raising numerous issues. We reject the contention that the evidence was insufficient to convict but conclude that the district court abused its discretion in admitting hearsay testimony by an examining physician recounting in considerable detail what the victim said in a hospital interview about the…

2Cases cited30 opinions

  1. Brown v. OhioSupreme Court of the United States · 1977
  2. White v. IllinoisSupreme Court of the United States · 1992
  3. Gore v. United StatesSupreme Court of the United States · 1958
  4. United States v. Universal C. I. T. Credit Corp.Supreme Court of the United States · 1952
  5. Tome v. United StatesSupreme Court of the United States · 1995

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3Cited by47 opinions

  1. State of Iowa v. Matthew Joseph ElliottSupreme Court of Iowa · 2011
  2. State v. AlmanzaSupreme Court of Georgia · 2018
  3. State of Iowa v. Trent D. SmithSupreme Court of Iowa · 2016
  4. United States v. Two ElkCourt of Appeals for the Eighth Circuit · 2008
  5. State of Iowa v. Matthew Eugene BrownSupreme Court of Iowa · 2014

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