United States Tenth Circuit

Defendant's murder conviction is affirmed in part where: 1) defendant's Brady claim failed because he did not show that the allegedly undisclosed information was material; and 2) the trial court's instructions did not misinform the jury about the application of the intoxication defense to aiding and abetting first-degree premeditated murder. However, the conviction is reversed in part where, for double jeopardy reasons, the government conceded that either the felony-murder or kidnapping conviction should be vacated on remand.

Appellate Information

• Decided 02/04/2010
• Published 02/04/2010

Judges

• HARTZ, Circuit Judge., Before LUCERO, MCKAY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Elizabeth L. Harris, (Andrew W. Myers, with her on the brief), Jacobs Chase Frick Kleinkopf & Kelley, LLC, Denver, CO, for Defendant-Appellant., James C. Murphy, Assistant United States Attorney, (David M. Gaouette, United States Attorney, Michael Carey and Todd Norvell, Assistant United States Attorneys, with him on the brief), Denver, CO, for Plaintiff-Appellee.