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doubt whether this statement was actually made, for the purposes of this appeal the government concedes we must treat the report as true. Linder (2006) Prosecutor Joseph Hartzler began his opening statement in the Timothy McVeigh trial by reminding the jury of the terror and the heartbreak: "Ladies and gentlemen of the jury, April 19th, 1995, was a beautiful day in Oklahoma City - at least it started. The warden looked straight ahead, glancing down at McVeigh just occasionally. Swindler, 476.2d 167, 169-70 (10th Cir.
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Thus, our abuse-of-discretion review is restricted to evidence within the scope of McVeigh's objection, as ruled on by the district court. Embry, 122.3d 866, 872 (10th Cir. McDonald, 933.2d 1519, 1524 (10th Cir. On August 10, 1995, a federal grand jury returned an eleven-count indictment against McVeigh and Terry Lynn Nichols Nichols charging: one count of conspiracy to use a weapon of mass destruction in violation of.S.C. Don't use that time to talk about anything in connection with this case. 1997 petition for cert. 844(i modified on other grounds,.3d 361 (8th Cir. Reynolds, 131.3d 1340, 1355 (10th Cir. A result of our conclusion that the Howe testimony was not relevant, we need not, and do not, address either the district court's failure to make a record of its apparent balancing of probativity versus prejudice under 3593(c) or the substantive merit of that balancing.
Six months later, the United States Supreme Court refused to hear his appeal. . The testimony of the government's witnesses occupied only about two days during the penalty phase of trial.
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