United States v. Chapman, No. 15-2143 (10th Cir. 2016)
Annotate this CaseTwo criminal cross-appeals stemmed from a physical altercation between Defendant Leslie Chapman and his then-wife, D.V. The altercation occurred in Veterans Administration (“VA”) housing where the couple was staying while Chapman recuperated from surgery. As a result of the altercation, the Government charged Chapman, under the federal Assimilative Crimes Act (“ACA”) with committing the New Mexico offense of aggravated assault on a household member, and a jury convicted him of that offense. In case No. 15-2143, Chapman challenged the district court’s decision to permit the Government’s expert witness, a certified sexual assault nurse examiner, to testify at trial that D.V.’s conduct in scratching herself across the chest after the altercation was consistent with conduct exhibited by sexual assault and domestic abuse victims to cope with the trauma they have experienced. In case No. 15-2173, the Government challenged Chapman’s sentence. Finding no reversible error in either case, the Tenth Circuit affirmed.
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