Abuse of Discretion – Evidentiary Ruling

By: Derek Hawkins//June 8, 2020//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Nicholas O. Nelson

Case No.: 19-2985

Officials: WOOD, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.

Focus: Abuse of Discretion – Evidentiary Ruling

In the course of a police check of a suspicious vehicle, Nicholas Nelson was caught with a handgun. Because he previously had been convicted of a felony, it was a crime for him to possess such a weapon. He eventually was charged with violating 18 U.S.C. § 922(g), and he was convicted after a jury trial. He raises two arguments on appeal, both directed to his conviction: first, he complains about some evidentiary rulings of the district court, and second, he argues that a misstatement by the prosecutor during closing argument was so prejudicial that he should receive a new trial. The applicable standard of review dooms both points, and so we affirm his conviction.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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