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Unpublished Decisions

By Shari Allison

U.S. v. Griffin, 2008 WL 4330388 (9/23/08) (unpub'd) - In this case, the 10th holds that the defendant waived, [not forfeited, which would allow for plain error review] his right to challenge on appeal absent-witness statements at a revocation hearing because when the court asked whether the defense objected to their admission the defense said "no." This was "not an inadvertent failure to object but an explicit and deliberate disavowal of an objection." So trial lawyers now really have to think carefully about whether they want to indicate their lack of objection. U.S. v. Pereira-Rico, 2008 WL 4356255 (9/25/08) (unpub'd) - The 10th reviews a sentence for substantive unreasonableness, even though the defendant called his request for a below-guideline-range sentence a downward departure, not variance,motion...continue to full post

Full post as published by Tenth Circuit Blog on September 30, 2008 (boomark / email).