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Assault With A Deadly Weapon Conviction Affirmed

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By FindLaw Staff on July 12, 2010 11:24 AM

In US v. Erickson, No. 09-1818, the court of appeals affirmed defendant's convictions for assault with a dangerous weapon and assault resulting in serious bodily injury, holding that 1) any error in admitting an excited utterance was harmless given the overwhelming evidence against defendant; and 2) given the similarities between the offenses and their spacial and temporal proximity to one another, as well as the presumption in favor of the efficiency achieved through joinder, the offenses were properly joined.

As the court wrote:  "Robert L. Erickson was charged with multiple counts of assault with a dangerous weapon and assault resulting in serious bodily injury, in violation of 18 U.S.C. § 1153. Erickson was convicted and he now appeals, arguing that the district court erred in admitting hearsay testimony and in denying his motion to sever one of the assault charges. We affirm."

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