United States v. Angeline Roan Eagle

BEAM, Circuit Judge, special

concurrence.

I concur in the result reached in this matter. However, I do not agree with the majority discussion with regard to the requirements imposed upon trial courts by Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Since this issue is presently before the court en banc in United States v. Wilson, No. 87-2280 (8th Cir. Dec. 8, 1988) (en banc), I will not burden this opinion with an exposition of my thoughts on the subject. Further, with regard to cross-examination of Georgianna Brave about her plea agreement, I do not *446agree that the district judge was “clearly wrong” in the limitations he placed upon the inquiry. I also disagree with the conclusion that the “trial court patently erred” in his conduct of this portion of the trial. Thus, as indicated, I concur only in the result reached by the majority.