Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit

In United States v. Perea, No. 19-2160 (10th Cir. Oct. 20, 2020), the Tenth Circuit holds that a finding of competency to stand trial in a federal criminal trial is not a collateral order subject to interlocutory appeal. Defendant was indicted on nine counts of child pornography. The district court initially found him not competentContinue reading “Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit”

In A 111-Page Opinion, Divided Tenth Circuit Panel Voids a Conviction Because of a “Best Evidence Rule” Violation

In United States v. Chavez, No. 17-8096 (10th Cir. Sept. 30, 2020), the panel majority tosses a conviction based on a violation of the Best Evidence Rule, Fed. R. Evid. 1002. Instead of playing audio recordings of surveillance tapes, the district court made the jury rely on translated paper transcripts. The panel holds that RuleContinue reading “In A 111-Page Opinion, Divided Tenth Circuit Panel Voids a Conviction Because of a “Best Evidence Rule” Violation”

“Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds

In Bunn v. Perdue, No. 19-2138 (10th Cir. July 28, 2020), the court holds that the automatic tolling for the filing of an appeal under Fed. R. App. P. 4(a)(4)(A) does not apply when a post-judgment motion is “improperly filed” by someone other than counsel of record. Plaintiff, who was represented by counsel, lost hisContinue reading ““Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds”