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UNITED STATES v MAGLEBY Click to find out why . . .


Keywords & Phrases
CaseNo: USVM120432, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: UNITED STATES, State: UT Utah, UniqueCaseRef: LCD>USVM120432, Magleby, Cross, Evidence, District Court, United States, Cross-burning, Henrys, Appeals, Jury, Instruction, Testimony, Facts, Intimidate, Victims, Motion, Lyrics, Dwelling, Michael Brad Magleby, Judgement, Louis, Peraertz, Washington, Jurisdiction, Racial Animus, Occupying, Whitlock, Government, James Mcbride , ContentID: 120249355

Case Documents
1   APPELLANT BRIEF
[ see first page and extracted highlights below  ] ItemID: 121430 		20 pages
HTML
Total Documents: 1 document , 20 pages
Price: $ 19.95


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1 . APPELLANT BRIEF

EXTRACTED KEY WORDS 
CROSS
EVIDENCE
DISTRICT COURT
UNITED STATES
CROSS-BURNING
HENRYS
APPEALS
JURY
INSTRUCTION
TESTIMONY
FACTS
INTIMIDATE
VICTIMS
MOTION
LYRICS
DWELLING
DEFENDANT
MICHAEL BRAD MAGLEBY
ATTORNEY
JUDGEMENT
LOUIS
PERAERTZ
WASHINGTON
JURISDICTION
RACIAL ANIMUS
OCCUPYING
WHITLOCK
GOVERNMENT
JAMES MCBRIDE

                                No. 99-4245

                   IN THE UNITED STATES COURT OF APPEALS

                           FOR THE TENTH CIRCUIT

                         UNITED STATES OF AMERICA,

                                  Appellee

                                     v.

                           MICHAEL BRAD MAGLEBY,

                            Defendant-Appellant

              ON APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF UTAH

                            Honorable Dee Benson

                  BRIEF FOR THE UNITED STATES AS APPELLEE

   The United States does not believe that oral argument is necessary.
   But if the Court grants oral argument, the United States requests the
   same amount of time Magleby receives.

   JESSICA DUNSAY SILVER
   LOUIS E. PERAERTZ
   Attorneys
   Department of Justice
   P.O. Box 66078
   Washington, D.C. 20035-6078
   (202) 616-2013

                             TABLE OF CONTENTS

   PAGE

   STATEMENT OF SUBJECT MATTER AND APPELLATE

   JURISDICTION 1

   STATEMENT OF THE ISSUES 2

   STATEMENT OF THE CASE 2
SNIPPETS:
  • IN THE UNITED STATES COURT OF APPEALS
  • MICHAEL BRAD MAGLEBY,
  • ON APPEAL FROM THE UNITED STATES DISTRICT COURT
  • But if the Court grants oral argument, the United States requests the same amount of time
  • JESSICA DUNSAY SILVER LOUIS E. PERAERTZ
  • P.O. Box 66078 Washington, D.C. 20035-6078
  • Magleby's Motion For Judgment
  • THERE WAS SUFFICIENT EVIDENCE TO SHOW THAT MAGLEBY BURNED A CROSS AT THE HENRYS' PROPERTY
  • JURY INSTRUCTION 30, WHICH INFORMED THE JURY IT MUST FIND MAGELY BURNED THE CROSS BECAUSE THE
  • STATEMENT OF SUBJECT MATTER AND APPELLATE JURISDICTION
  • Whether the evidence is sufficient to prove that Magleby burned a cross because of race and
  • On October 19, 1999, the district court granted the United States' motion to dismiss count 4
  • STATEMENT OF FACTS
  • Evidence Of Magleby's Cross-Burning
  • For instance, Justin Merriam, Andrew Whitlock and Liz Cannon testified that they saw Magleby
  • Magleby further claimed that, although he burned the cross at the Henrys' home, he did not
  • Merriam testified, however, that on the night of the cross-burning, Magleby listened to
  • The government presented the testimony of Special Agent Robert Gallacher of the Federal
  • describing his interactions with alleged racist Mr. James McBride; showing that the Henry's
  • The government presented additional evidence that racial animus motivated Magleby's
  • As is clear from the first paragraph, instruction 30 informs the jury that it must find that ther was occupying a dwelling, then this element of the offense would be proven" (R.A.
  • the United States Attorney for the District of Utah made clear to the jury that the
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