United States v. Joseph Brown, Jr.
2013 U.S. App. LEXIS 355
| 8th Cir. | 2013Background
- Brown was charged with attempted aggravated sexual abuse under 18 U.S.C. § 2241(a) for an incident on the Spirit Lake Indian Reservation.
- Redroad testified that Brown forced her onto a bed, demanded she undress, and choked her during a two-hour struggle.
- Brown offered an alternative account, claiming Redroad attempted to remove his wedding ring; he threw her out and went to sleep.
- Brown had two prior rape convictions; the government referenced that history during closing arguments.
- The jury heard testimony about prior offenses, and the court instructed that prior acts could not alone justify conviction.
- The jury found Brown guilty and the district court sentenced him to life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted aggravated sexual abuse | Brown argues the evidence shows only a physical assault, not a substantial step. | Brown contends there was insufficient evidence to prove intent and a substantial step toward the crime. | Sufficient evidence supported a substantial step and intent to commit aggravated sexual abuse. |
| Prosecutorial remark in closing on prior acts | Brown asserts the tiger stripes/leopard spots remark prejudiced the trial. | Brown contends the remark was improper and denied a fair trial. | No plain error affecting substantial rights; district court’s response and curative instruction sufficed. |
Key Cases Cited
- United States v. Tucker, 689 F.3d 914 (8th Cir. 2012) (sufficiency standard)
- United States v. Medearis, 380 F.3d 1049 (8th Cir. 2004) (sufficiency of evidence standard)
- United States v. Gabe, 237 F.3d 954 (8th Cir. 2001) (credibility resolved in jury verdict)
- United States v. Young, 613 F.3d 735 (8th Cir. 2010) (substantial step and intent framework)
- United States v. White Bull, 646 F.3d 1082 (8th Cir. 2011) (substantial step sufficiency standard)
- United States v. Pirani, 406 F.3d 543 (8th Cir. 2005) (plain-error standard for review)
- United States v. Mullins, 446 F.3d 750 (8th Cir. 2006) (prosecutorial misconduct prejudice standard)
- United States v. Eldridge, 984 F.2d 943 (8th Cir. 1993) (considerations for prejudice and curative instructions)
- United States v. Darden, 688 F.3d 382 (8th Cir. 2012) (plain-error review framework)
- Dixon v. Crete Med. Clinic, P.C., 498 F.3d 837 (8th Cir. 2007) (timeliness of objection in plain-error analysis)
- United States v. Williams, 503 F.2d 480 (8th Cir. 1974) (prosecutor's remarks and timely objections)