United States v. Leon Donald Farlee
757 F.3d 810
| 8th Cir. | 2014Background
- Farlee was convicted of assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) and assault resulting in serious bodily injury under 18 U.S.C. § 113(a)(6).
- He stood in a relationship with Leslie Oakie; in March 2012, on Oakie’s Cheyenne River Sioux Reservation trailer, Farlee forced entry after breaking a window.
- Inside, Farlee assaulted Merton Eaton with kicks to the head; Eaton sustained severe injuries and brain injury.
- Eyewitness Oakie testified Farlee was drunk and enraged, and blood evidence linked Eaton to Farlee’s boots.
- DNA analysis supported Eaton’s blood on the toe area of Farlee’s boots, corroborating the assault.
- The district court sentenced Farlee to 60 months’ imprisonment and ordered restitution of $127,716.74.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for dangerous weapon and self-defense | Farlee argues no dangerous weapon was used and evidence supports self-defense | Prosecution contends boots were a dangerous weapon and evidence supports lack of self-defense | Sufficient evidence for dangerous weapon; self-defense rejected as reasonable juror could disbelieve Farlee’s claim. |
| Defense of property instruction | Requests defense-of-property instruction under SD law | Not warranted by evidence or law | District court did not abuse discretion; instruction not warranted. |
| Lesser-included offense instruction | Entitled to lesser offense of assault by striking, beating, and wounding | No rational basis for lesser offense given serious bodily injury proof | No abuse; no rational basis for lesser offense. |
| Self-defense instruction adequacy | Requested broader self-defense wording | Model instruction adequately stated law | District court’s self-defense instruction sufficient; additional wording unnecessary. |
| Suppression and Leon good-faith | Warrants invalid; Leon good-faith exception does not apply | Leon applies; magistrate did not abandon neutrality | Leon good-faith applicable; even if not, error harmless beyond a reasonable doubt. |
Key Cases Cited
- United States v. Steele, 550 F.3d 693 (8th Cir. 2008) (injury from kicking can constitute dangerous weapon)
- United States v. LeCompte, 108 F.3d 948 (8th Cir. 1997) (definition of dangerous weapon and evidence sufficiency)
- United States v. Phelps, 168 F.3d 1048 (8th Cir. 1999) (jury question on object as dangerous weapon)
- United States v. Barrios-Perez, 317 F.3d 777 (8th Cir. 2003) (standards for reviewing judgment-of-acquittal)
- United States v. Gaona-Lopez, 408 F.3d 500 (8th Cir. 2005) (credibility and jury’s fact-finding role)
- United States v. Walker, 817 F.2d 461 (8th Cir. 1987) (self-defense instructions adequate when reasonable belief of danger)
- United States v. Deon, 656 F.2d 354 (8th Cir. 1981) (self-defense instruction sufficiency)
- United States v. Krapp, 815 F.2d 1183 (8th Cir. 1987) (need for substantial impact of instruction for admissibility)
- United States v. Noske, 117 F.3d 1053 (8th Cir. 1997) (harmless error doctrine in suppression)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to the exclusionary rule)
- Shadwick v. City of Tampa, 407 U.S. 345 (1972) (neutral and detached magistrate required)
- United States v. Milk, 447 F.3d 593 (8th Cir. 2006) (burden-shifting on self-defense)
- United States v. Jackson, 67 F.3d 1359 (8th Cir. 1995) (Leon good-faith considerations)