Direct Appeal
Direct Appeal has summaries of recent criminal appellate decisions by the 10th U.S. Circuit Court of Appeals based in Denver.
Author: Author Russell Wheeler is an attorney in Oklahoma City with an interest in appellate matters.
Blawg Related Categories: Appellate Practice • Criminal Justice • 10th Circuit Court
Recent Posts from Direct Appeal
- District court reasonably denied competency hearing where defendant’s behavior was merely odd and disruptive
- Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised
- Foreclosure price of fraudulently financed property may be used to determine victim’s loss for restitution purposes
- Sentencing guidelines limitation on district court authority to reduce sentence is not result of unlawful delegation of congressional power
- Jury instruction requiring showing of effect on interstate commerce is inappropriate when jurisdictional element is interstate travel of firearm
- Good faith exception to exclusionary rule may be applied where agent’s reliance on defective search warrant to search computer was reasonable
- Unobjected procedural sentencing error is reviewed only for plain error
- Magistrate may rely on opinion of officer as to location of contraband or other evidence when making probable cause determination for search warrant
- Federal sentence is not reduced if crime committed while on probation for state conviction, but probation period is shortened nunc pro tunc
- Multiple overlapping sentence enhancements are proper for felonious possession of firearm if firearm was stolen during course of burglary