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ROUSE v. UNITED STATES

No. 20-2007, No. 20-2015.

14 F.4th 795 (2021)

Desmond ROUSE; Jesse Rouse, Plaintiffs-Appellants v. UNITED STATES of America, Defendant-Appellee. Russell Hubbeling, Plaintiff-Appellant v. United States of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 16, 2021.

Attorney(s) appearing for the Case

Barbara Allison Clayton , Lubbock, TX, Ryan J. Kolbeck , Kolbeck Law Office, Sioux Falls, SD, Michael Logan Ware , Law Offices of Michael Logan Ware, Ft. Worth, TX, for Plaintiff-Appellant Desmond Rouse.

Jon M. Hopeman, I , Jon M. Hopeman Law Office, LLC., Julie Jonas , Andrew John Markquart , Innocence Project of Minnesota, Minneapolis, MN, Lisa M. Prostrollo , Redstone Law Firm, Sioux Falls, SD, for Plaintiff-Appellant Jesse Rouse.

Kevin Koliner , Assistant U.S. Attorney, U.S. Attorney's Office, District of South Dakota, Sioux Falls, SD, for Defendant-Appellee for Docket no. 20-2007.

Julie Jonas , Andrew John Markquart , Innocence Project of Minnesota, Minneapolis, MN, Michael B. Thompson , University of Sioux Falls, Sioux Falls, SD, for Plaintiff-Appellant Russell Hubbeling.

Dennis Ray Holmes , Assistant U.S. Attorney, Kevin Koliner , Assistant U.S. Attorney, U.S. Attorney's Office, District of South Dakota, Sioux Falls, SD, for Defendant Appellee for Docket no. 20-2015.

Before LOKEN, WOLLMAN, and STRAS, Circuit Judges.

In 1994, after a three-week trial, the jury convicted Desmond and Jesse Rouse, their cousin Russell Hubbeling, and another cousin of sexually abusing five nieces. After a hearing, the district court1 denied defendants' post-trial motion for new trial based on the alleged anti-Native American bias...

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