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Unpublished Decisions

By Shari Allison

U.S. v. Yellowbear, 2010 WL 2340819 (6/11/10) (Wyo) (unpub'd) - While the 10th noted notice and explanation violations of Rule 25 when a judge substituted for the trial judge at sentencing, it was okay for the substitute judge to sentence the defendant, although the judge had not witnessed the trial and the defendant relied in part on trial evidence and the emotional reaction of the jurors to their verdict. The trial judge discussed the case with the new judge. The 10th opined in reviewing the substantial reasonableness of a sentence that it was not bound by the parsimony principle, it only reviewed for reasonableness.Morris v. Workman, 2010 WL 2332056 (6/11/10) (Okl) (unpub'd) - There was no violation of the defendant's right to an impartial jury when jurors expressed security concerns after noticing the defendant was taking notes during voir dire...continue to full post

Full post as published by Tenth Circuit Blog on June 16, 2010 (boomark / email).