United States v. William Bushyhead, Sr.
Opinion
Opinion
Fletcher, J.
A jury convicted William Bushyhead of first-degree murder in the Indian Country of the United States in violation of 18 U.S.C. §§ 1111 , 1151, and 1153. The district court sentenced him to the statutorily required term of life imprisonment. Bush-yhead appeals on three grounds: First, he argues that a new trial is required because the petit jury pool did not include jurors drawn from Indian tribal voting lists in violation of the Sixth Amendment and the Jury Selection and Service Act of 1968, 28 U.S.C. §§ 1863 (b)(3), 1869(e). Second, he argues that the trial court violated the Fifth Amendment when it permitted an FBI agent to testify that after arrest but before receiving Miranda warnings Bush-yhead told him, “I have nothing to say, I’m going to get the death penalty anyway.” Third, he argues that the evidence was insufficient to support a verdict of first-degree murder.
We find error as to Bushyhead’s second ground. We hold that the agent should not have been allowed to testify as to what Bushyhead said when he invoked his right to silence under Miranda. However, we hold that the error was harmless. We find no error as to the other two grounds.