United States Tenth Circuit

Defendant's conviction for retaliating against a witness is affirmed where: 1) the district court did not abuse its discretion in declining to sever the trial of defendant and his codefendants because granting severance would have thwarted principles of judicial economy; and 2) certain statements by the victim satisfied the excited-utterance exception to the general prohibition against hearsay evidence.

Appellate Information

• Decided 08/21/2009
• Published 08/21/2009

Judges

• HOLMES, Circuit Judge., Before MURPHY, BALDOCK, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• J. Michael Dowling, J. Michael Dowling & Associates, Denver, CO, for Defendant-Appellant., James C. Murphy, Assistant United States Attorney (Troy A. Eid, United States Attorney, and Matthew Kirsch, Assistant United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.