Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Ruling in the Criminal Case of US v. Littlewind

Article Placeholder Image
By FindLaw Staff on February 26, 2010 12:06 PM

In US v. Littlewind, No. 08-4000, the defendant was convicted of assault with a dangerous weapon, assault resulting in serious bodily injury, and discharge of a firearm during a crime of violence.

As the court of appeals wrote:  "The evidence at trial, taken in the light most favorable to the verdict, showed the following facts. During the two years preceding the incident precipitating this case, Sylvester Littlewind and Budene Eback shared a residence and carried on a romantic relationship. The relationship was characterized by the prodigious consumption of alcohol, frequent verbal altercations, and repeated physical violence."

Defendant challenged both the district court's decision to admit evidence of prior bad acts, and the sufficiency of the evidence adduced at trial to convict him.

However, the court of appeals affirmed the conviction on the grounds that: 1) evidence of past crimes was probative of defendant's intent to commit the offenses at issue; 2) there was more than adequate evidence in the record to support a jury finding that the victim suffered a gunshot wound; and 3) a reasonable jury could have rationally hypothesized that defendant intended to assault the victim with a gun.

Related Resources

Find a Lawyer

More Options