Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Articles Posted in Criminal Law
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Defendant Earl Hardy Morrow appeals his convictions for distribution, receipt, and possession of child pornography. On appeal, defendant argued the district court erred in: (1) permitting the government to present evidence that his electronic devices contained pornographic anime, contrary to the restrictions on the use of other-act evidence under Fed. R. Evid. 403 and 404(b); (2) preventing him from offering statements against interest by his brother Kory under Fed. R. Evid. 804(b)(3); and (3) failing to correct the government’s statement at closing argument that Kory had not yet been prosecuted when charges against him had in fact been dropped. Defendant also argued the cumulative effect of these errors required reversal of his conviction. The Tenth Circuit affirmed: the district court did not abuse its discretion in admitting the government’s other-act evidence or in excluding Kory’s statements against interest, nor did it commit reversible error in failing to correct the government’s misstatement during closing argument. "There being at most one error, Mr. Morrow’s cumulative-error argument also fails." View "United States v. Morrow" on Justia Law

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An Oklahoma state court jury convicted Darrell Frederick of first-degree murder, attempted assault with a dangerous weapon, and domestic abuse. Based on the jury’s recommendation, the court sentenced Frederick to death for the murder. After his direct appeal and state post-conviction proceedings were unsuccessful, Frederick filed a habeas corpus application in federal court under 28 U.S.C. § 2254. The district court denied relief. The Tenth Circuit Court of Appeals granted a certificate of appealability (“COA”) on his claims that appellate counsel provided ineffective assistance and that there was cumulative error. Finding no reversible errors, the Tenth Circuit affirmed the denial of habeas relief. View "Frederick v. Quick" on Justia Law

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In 2017, defendant-appellant Winter Rose Old Rock pleaded guilty to voluntary manslaughter. After completing her prison sentence, she began serving a three-year term of supervised release. Fourteen months later, she committed several violations of the terms of her release. Pursuant to 18 U.S.C. § 3583(e)(3) and (h), the district court revoked her supervision and sentenced her to time served and thirty-one months of post-release supervision. Relying on the Supreme Court’s decision in Apprendi v. New Jersey, Old Rock objected to the new term of supervised release, arguing the term unconstitutionally exceeded the thirty-six-month maximum set out in § 3583 when combined with the post-release supervision she already served. The district court rejected this argument, citing a lack of precedent supporting the application of Apprendi to standard supervised release revocations. To this, the Tenth Circuit agreed: “Our caselaw illustrates that § 3583 authorizes terms of supervision upon revocation that cumulatively surpass the statutory maximum when combined with the defendant’s prior time served on supervision.” The Court therefore affirmed the district court’s judgment. The Court also determined that despite Old Rock’s failure to timely file a notice of appeal, the government forfeited its request for dismissal by not complying with 10th Cir. R. 27.3. View "United States v. Old Rock" on Justia Law

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Defendant-appellant Edmond Warrington was charged in Oklahoma state court after he engaged in sexual activity with his mentally disabled, 18-year-old adopted niece. When the U.S. Supreme Court decided McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), the federal government took over prosecution for the alleged sexual abuse. The district court denied a motion to suppress inculpatory statements Warrington made to federal agents during transport from state to federal custody. Warrington proceeded to trial, where he was convicted by a jury of three counts of sexual abuse in Indian Country and sentenced to 144 months’ imprisonment on each count, to run concurrently. The court also imposed a $15,000 special assessment under the Justice for Victims of Trafficking Act of 2015 (“JVTA”), a penalty of $5,000 for each count of conviction. On appeal, Warrington argued: (1) the district court erred in denying his suppression motion because the agents questioned him in violation of the Sixth Amendment; and (2) the court plainly erred in imposing the JVTA assessment on a per count basis instead of imposing one $5,000 penalty in the case. The Tenth Circuit concluded the Sixth Amendment right to counsel had not yet attached in the federal proceeding and, in any event, Warrington voluntarily waived his right to counsel after receiving a Miranda warning, therefore, the district court did not err in denying the motion to suppress. Warrington’s second issue raised was an issue of first impression for the Tenth Circuit, and the Court concluded the trial court did not commit plain error. View "United States v. Warrington" on Justia Law

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Wichita Police were conducting a proactive patrol in a high-crime area. After officers pulled over Defendant John Canada for failing to engage his turn signal, one officer saw Defendant “strenuously arching his hips, reaching his right arm under the rear of his seat. Officers also believed Defendant delayed bringing his vehicle to a stop, which caused them concern. Defendant claimed the officers lacked reasonable suspicion to engage in a protective sweep. To this, the Tenth Circuit disagreed: the officers here could not have been sure that Defendant was dangerous or had a weapon present. But the furtive movement and slow roll provided enough for the officers to reasonably suspect that Defendant was both dangerous and had access to a weapon.” View "United States v. Canada" on Justia Law

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Defendant Jeriah Budder, an enrolled member of the Cherokee Nation, killed David Jumper in Indian Country. He was charged by the State of Oklahoma with first-degree manslaughter. THe charges were dismissed for lack of subject-matter jurisdiction in the wake of McGirt v. Oklahoma, 140 S.Ct. 2452 (2020). A federal grand jury then indicted Defendant on three charges: (1) first-degree murder in Indian country; (2) carrying, using, brandishing and discharging a firearm during and in relation to a crime of violence; and (3) causing the death of another in the course of (2). On appeal, defendant argued he was denied the due process of law guaranteed by the federal constitution because the retroactive application of McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) deprived him of Oklahoma’s law of self-defense, which he argued was broader than the defense available to him under federal law. The Tenth Circuit held that the application of McGirt did not constitute an impermissible retroactive application of a judicial decision. Further, the Court rejected defendant’s argument that his sentence was substantively unreasonable. View "United States v. Budder" on Justia Law

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Defendant-appellant Montgomery Akers appealed a district court order imposing upon him a $40,000 punitive sanction for advancing frivolous arguments and assertions in a request for release pending appeal (the “Motion”). “Akers is a chronic abuser of the federal court system.” Although he pleaded guilty in 2005 to one count of wire fraud and entered into a plea agreement that contained a waiver of his right to appeal or collaterally attack his sentence, he filed a number of appeals to the Tenth Circuit. Akers claims the district court erred in imposing any sanction given its determination the Motion was not wholly frivolous. Alternatively, he argued the district court erred when it failed to consider the reasonableness of the amount of the sanction. Finding only that the district court’s findings were insufficient with respect to the reasonableness of the sanction, the Tenth Circuit remanded for further proceedings. View "United States v. Akers" on Justia Law

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Defendant-Appellant Shannon Kepler appealed his conviction for causing death by discharging a firearm during a crime of violence. Kepler and his wife Gina Kepler both worked as officers for the Tulsa Police Department. During the summer of 2014, the Keplers began to experience conflict with their 18-year-old adopted daughter, Lisa. Kepler gained access to Lisa’s Facebook account to monitor her activity. Eventually, the Keplers kicked Lisa out of their home and dropped her off at a homeless shelter. Kepler continued to monitor Lisa’s Facebook account and discovered she was dating a man named Jeremey Lake. Using police department resources, Kepler obtained Lake’s address, phone number, and physical description. On the same day he obtained this information, Kepler armed himself with his personal revolver and drove his SUV to Lake’s address. He spotted Lisa and Lake walking together near the residence. Kepler stopped the SUV in the middle of the road, rolled down the window, and called out to Lisa. Lisa refused to talk to him and walked away. Kepler exited the vehicle to follow her. At that point, Lake approached Kepler to introduce himself and shake his hand. Kepler drew his revolver. Lake tried to run away. Kepler shot him, once in the chest and once in the neck. Kepler then turned and fired shots in the direction of Lisa and Lake’s half-brother, M.H., who was 13 years old. Kepler then fled. Witnesses called 911. Paramedics arrived and declared Lake dead. Later that night, Kepler turned himself in to the Tulsa Police Department. At trial, Kepler admitted he shot Lake. He did not contend that he acted out of anger, provocation, or passion. Instead, he said he responded in self-defense to Lake’s threatening him with a chrome pistol. He entered into evidence the pistol discovered in a nearby trashcan and suggested that one of the witnesses took the pistol from Lake’s body and smuggled it into the police station. The jury rejected Kepler’s self-defense argument, leading to the conviction at issue here. Though Kepler argued second-degree murder was not a "crime of violence" and not a predicate offense for his conviction, the Tenth Circuit found no reversible error and affirmed Kepler's convictions and sentence. View "United States v. Kepler" on Justia Law

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Defendant-appellant Kyle Vannortwick appealed the federal sentence he received for second-degree murder. The sentencing judge allegedly erred in calculating the guideline range. On its face, the alleged error wouldn’t have changed the guideline range. But Vannortwick argued that without the error, he could have obtained a lower sentence. Because this argument rested on speculation, the Tenth Circuit Court of Appeals affirmed the sentence. View "United States v. Vannortwick" on Justia Law

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Petitioner Jerry Meek, an Oklahoma state prisoner convicted of first-degree murder, appealed a district court’s denial of his petition for a writ of habeas corpus. He argued the district court erroneously determined the Oklahoma Court of Criminal Appeals (“OCCA”) did not unreasonably apply clearly established federal law related to his sufficiency-of-the-evidence, ineffective-assistance-of-counsel, and cumulative-error claims. Finding no reversible error, the Tenth Circuit Court of Appeals affirmed the denial of relief. View "Meek v. Martin" on Justia Law