US v. Commanche, No. 08-2257

Defendant's conviction for assault resulting in serious bodily injury is reversed where, because defendant's two prior aggravated battery convictions bore on his intent only if a jury first infers that he is prone to violence, the district court abused its discretion by allowing testimony as to the facts underlying these convictions.

Read US v. Commanche, No. 08-2257

Appellate Information

Filed August 24, 2009

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

P. Jeffery Jones, Santa Fe, NM

For Appellee:

Laura Fashing, Assistant United States Attorney Albuquerque, NM