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United States v. Drapeau

644 F.3d 646 (2011)

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United States v. Drapeau

United States Court of Appeals for the Eighth Circuit
644 F.3d 646 (2011)

DD

Facts

Harold Drapeau (defendant), a member of the Crow Creek Sioux Tribe, assaulted Bureau of Indian Affairs Officer Marlin Robert Mousseau. Drapeau contended that he acted in self-defense and sought to introduce evidence of Mousseau’s prior acts of violence. These acts were discussed in various tribal resolutions. Drapeau wanted to use the tribal resolutions to establish his intent to defend himself. Further, Drapeau’s wife testified that Drapeau was not aware of the tribal resolutions until after the assault. The district-court judge excluded the tribal resolutions from evidence. Subsequently, the jury convicted Drapeau of assaulting a federal officer. Drapeau appealed.

Rule of Law

Issue

Holding and Reasoning (Wollman, J.)

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