United States Fifth Circuit

Defendant's kidnapping conviction based on a 1964 offense committed by KKK members is affirmed where: 1) although more than forty years elapsed from the date of the alleged crime to defendant's indictment, this fact alone did not establish a due process violation; 2) the evidence was clearly sufficient to support defendant's conviction even without an allegedly inadmissible confession; and 3) defendant produced no evidence that would support a conclusion that an alleged coconspirator expressly waived the attorney-client privilege and thus that the coconspirator's attorney could testify.

Appellate Information

• Decided 03/12/2010
• Published 03/12/2010

Judges

• PER CURIAM:, Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tovah R. Calderon (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div.-App. Section, Washington, DC, for U.S., Kathryn Neal Nester (argued), George Lowrey Lucas, Fed. Pub. Defenders, Jackson, MS, for Seale.