George

United States v. George

Good Law
291 F. App'x 803
United States Court of Appeals for the Ninth CircuitAugust 14, 2008No. 07-10252California753 words

Opinion

Lead Opinion

MEMORANDUM ***

Jerry James George (“George”) appeals from his conviction of three counts of Aggravated Sexual Abuse of a Minor, in violation of 18 U.S.C. §§ 1153 , 2241(c); and one *805 count of Abusive Sexual Contact, in violation of 18 U.S.C. §§ 1153 , 2244(a)(1), 2246(3). The facts are known to the parties and need not be repeated here.

1. George’s due process rights were not violated by the district court’s refusal to dismiss the entire jury panel after several prospective jurors briefly saw George in shackles and prison attire prior to the start of his trial. A brief or inadvertent glimpse of a defendant outside of the courtroom merits relief only if there is actual prejudice. See United Staten v. Olano, 62 F.3d 1180 , 1190 (9th Cir.1995). George has not shown any prejudice.

2. The district court did not abuse its discretion by admitting the victims’ mother’s testimony that her daughters told her that George had hurt them. These statements were “excited utterances” that recounted traumatic experiences that had occurred within a couple of hours of the events and were made as soon as the victims were alone with their mother. See Fed.R.Evid. 803(2); People of the Territory of…

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