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Smith v. State,
2007 OK CR 16 (April 26, 2007): Death Penalty; State Cases; Joinder: This is an Oklahoma County death penalty case arising out of two separate murders committed by Smith, a member of the Crips. The conviction and death penalty are AFFIRMED over several issues including: 1) Batson issues in jury selection; 2) jointer of the two, separate, murders into a single trial (the discussion of this issue is particularly instructive); 3) arraignment by a Special Judge (this is a local practice in Oklahoma County and the Court found no error); 4) Miranda issues; 5) the trial court's handling of jury questions; 6) the introduction of irrelevant and prejudicial evidence; 7) sufficiency of the evidence; 8) and sufficiency of HAC and other penalty phase issues.
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United States v. Shellef,
No. 06-1495 (2nd Cir., November 9, 2007): Joinder: Convictions for Wire Fraud, Money Laundering, Tax Evasion, Filing False Tax Returns, and Conspiracy to Defraud the IRS are reversed on the basis that the Indictment joined improperly certain tax counts with the other charges, joined improperly two defendants, and that this mis-joinder was not harmless.
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United States v. Olsen
No. 06-4307 (10th Cir., March 11, 2008) (Published): Joinder: Olsen attacked his convictions for 15 counts of perjury based upon severance of counts and also raised a sentencing claim attacking the district court's finding of a sentencing fact by only a preponderance of the evidence. AFFIRMED
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United States v. Rojas,
No. 07-8060 (10th Cir., July 8, 2008) (Published): Federal Sentencing Guidelines; Double Counting: Rojas plead guilty to use of firearm during a drug trafficking offense and interstate transport of stolen property. He appealed the sentence primarily upon the interesting-looking argument that the District Court double-counted the firearm conduct by adding a level for taking the gun during the crime and also possessing it. The panel rejected this argument and AFFIRMED, although there is a good discussion of the proper analysis of double-counting arguments.
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