Tuesday, August 09, 2011

Tenth Circuit -- United States v. Washington

United States v. Washington

 Use of terms "conspiring" and "attempt to kill" in indictment sufficiently signalled charge of witness tampering.

Same language in a single count isn't duplicitous, as the elements of conspiracy weren't pleaded.

Where a sequestration order is in play and the deft discovers a useful witness in the courtroom, sequestration does not necessarily bar them.  (Dictum, as held harmless error here).
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.