United States v. Magnan

The district court sentenced Defendant David Magnan, a Native American, to three life terms after a jury convicted him of murdering three people in Indian Country. Defendant shot Lucilla McGirt twice and left her to die, paralyzed from the chest down, as part of an execution-style slaying during which he shot four individuals. McGirt died, but not before she identified Defendant as her assailant. On three separate occasions ranging from approximately two to five hours after the shooting, three people heard McGirt identify Defendant as the man who shot her. At trial, these three individuals testified to McGirt’s respective statements over Defendant’s hearsay objections. Defendant appealed, arguing the district court abused its discretion in ruling McGirt’s statements constituted excited utterances admissible under Rule 803(2) of the Federal Rules of Evidence. Finding no reversible error, the Tenth Circuit affirmed. View "United States v. Magnan" on Justia Law