U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Criminal Cases

In US v. Bergman, No. 08-1472, the court of appeals remanded defendant's conviction for conspiracy to commit murder, holding that defendant was not represented by counsel when the court declared her competent to stand trial, and thus the district court needed to consider whether it could make a retrospective competency determination.

In Richie v. Workman, No. 08-5091, a capital habeas matter, the Tenth Circuit affirmed the grant of petitioner's habeas petition as to petitioner's murder conviction, and the denial of the petition as to his kidnapping for extortion, robbery with a firearm, unauthorized use of a debit card, and larceny of a vehicle convictions, on the grounds that 1) petitioner was entitled to an instruction on the lesser included offense of second-degree depraved-mind murder; and 2) petitioner's argument that several jurors were biased against him for not testifying but concealed this bias during voir dire was not supported by admissible evidence.

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