United States Tenth Circuit

In a capital habeas matter, a grant of petitioner's habeas petition as to his murder conviction, and denial of the petition as to his kidnapping for extortion, robbery with a firearm, unauthorized use of a debit card, and larceny of a vehicle convictions, are affirmed where: 1) petitioner was entitled to an instruction on the lesser included offense of second-degree depraved-mind murder; and 2) petitioner's argument that several jurors were biased against him for not testifying, but concealed this bias during voir dire, was not supported by admissible evidence.

Appellate Information

• Decided 03/25/2010
• Published 03/25/2010

Judges

Court

• United States Tenth Circuit

Counsel