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United States v. Mound

United States Court of Appeals for the Eighth Circuit
157 F.3d 1153 (8th Cir. 1998), cert. denied, 525 U.S. 1089 (1999)


Facts

Alvin Mound (defendant) was charged with sexual abuse and assault. At his trial, the prosecution offered evidence under Rule 413 of two other acts of sexual abuse. Mound was convicted and appealed. On appeal, Mound argued that Rule 413 violates the Due Process Clause of the Fifth Amendment because it permits the jury to overvalue character evidence and to convict a defendant based on a defendant’s prior acts.

Rule of Law

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Issue

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Holding and Reasoning (Arnold, Richard S., J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Arnold, Morris Shepard, J.)

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