United States v. Randy Never Misses A Shot
2015 U.S. App. LEXIS 5140
8th Cir.2015Background
- Indictment charged four counts of aggravated sexual abuse and one count of abusive sexual contact involving minors, plus a count for abuse while registered as a sex offender.
- Victims identified as J.N.M.A.S., P.S., and K.I.S. across Counts I–IV; Count V linked to prior conviction.
- District court admitted some Rule 413/414 propensity evidence and rejected Rule 412 evidence for P.S.; court weighed Rule 403 balances.
- J.N.M.A.S. testified about abuse by Never Misses A Shot; defense impeached credibility with prior disclosures.
- K.I.S. testified to touching near clothing; court required clarification and allowed reopened examination to prove elements.
- Jury found Never Misses A Shot guilty on all counts; sentenced to 444 months in prison plus supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sidebar coaching impact on Count IV | Never Misses A Shot claims coaching biased proceedings | Never Misses A Shot argues district court abused discretion | Harmless error; evidence supported Count IV without sidebar. |
| Sufficiency of Counts I–III | J.N.M.A.S. credible and sufficient to prove I–II | Credibility issues undermine proof | Sufficient evidence to convict on Counts I–II and III. |
| Lesser-included offense instruction for Counts I–IV | Should have instructed on simple assault as lesser offense | No reasonable basis for lesser offense given uncontested elements | No abuse of discretion; no mandatory instruction on lesser-included offense. |
| Admissibility of Rule 413/414 witnesses | Witnesses admissible to prove propensity | Excessive witnesses and potential prejudice | No reversible error; any error harmless on record. |
| Rule 412 evidence exclusion for P.S. | Rule 412(b)(1)(C) applies to show other acts by P.S. molester | Exclusion necessary to protect victims and avoid prejudice | District court acted within discretion; exclusion proper. |
Key Cases Cited
- United States v. Boone, 437 F.3d 829 (8th Cir. 2006) (wide discretion to allow reopening of case-in-chief; no abuse here)
- United States v. Rouse, 111 F.3d 561 (8th Cir. 1997) (no abuse in reopening to establish jurisdictional issue)
- United States v. LeCompte, 131 F.3d 767 (8th Cir. 1997) (Rule 403 balancing; evaluate prejudice vs. probative value)
- United States v. Crow Eagle, 705 F.3d 325 (8th Cir. 2013) (limits on number of Rule 413/414 witnesses; harmless error standard)
- Pumpkin Seed v. United States, 572 F.3d 552 (8th Cir. 2009) (test for when to instruct on lesser-included offense; conditions met here)