United States v. James White, Jr.
2015 U.S. App. LEXIS 12674
| 8th Cir. | 2015Background
- Ten‑month‑old A.W. was healthy before Aug. 30, 2013; that evening he suddenly became comatose after a ~10‑minute period alone with his father, James White, Jr.
- Emergency responders and hospital physicians observed seizures, unequal pupils, extensor posturing, subdural hematoma on CT/MRI, retinal hemorrhages, and fresh bruising near the base of the ears.
- Child‑abuse expert (Dr. Graff) testified the injuries were most consistent with a non‑accidental acceleration‑deceleration (shaken baby) injury occurring immediately before symptoms; treating physicians corroborated trauma and acute bleeding.
- Defense expert (Dr. Arden) opined a blunt‑impact injury causing secondary brain injury could explain the findings and that symptoms could have appeared hours after injury; defense also pointed to prior incidents involving another child (J.S.) and an accidental bathtub drop.
- A jury convicted White of assault resulting in serious bodily injury in Indian country; the district court granted a post‑verdict judgment of acquittal, finding insufficient evidence of intentional assault; the government appealed.
- The Eighth Circuit reversed, holding that viewed in the light most favorable to the verdict the circumstantial and expert evidence permitted a reasonable jury to find White intentionally assaulted A.W. during the ten‑minute period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to support a conviction for intentional assault causing serious bodily injury | Government: medical and circumstantial evidence (timing, acute subdural, retinal hemorrhages, fresh bruising, White alone with child) permit a reasonable inference White inflicted a fatal acceleration‑deceleration injury during the 10‑minute interval | White: medical testimony supports an earlier blunt‑impact or accidental cause; reasonable doubt exists and alternative perpetrator (J.S.) possible; district court properly weighed evidence | Reversed district court; reinstated jury verdict — a reasonable jury could infer White intentionally assaulted A.W.; the district court improperly reweighed evidence |
Key Cases Cited
- United States v. Boesen, 491 F.3d 852 (8th Cir. 2007) (standard for reviewing sufficiency challenges and viewing evidence in light most favorable to verdict)
- United States v. Brown, 360 F.3d 828 (8th Cir. 2004) (expert timing testimony can support immediate‑symptom inference for shaken baby injuries)
- United States v. Iron Hawk, 612 F.3d 1031 (8th Cir. 2010) (convictions may rest on circumstantial evidence in child‑injury cases)
- United States v. Red Bird, 450 F.3d 789 (8th Cir. 2006) (expert and circumstantial evidence sufficient to support infliction inference)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reversing jury verdicts when no rational trier of fact could find guilt beyond a reasonable doubt)
- United States v. Oberhauser, 284 F.3d 827 (8th Cir. 2002) (articulating sufficiency‑of‑evidence review test)