Monday, August 06, 2012

Unpublished Decisions

U.S. v. Kaufman, 2012 WL 2308720 (6/19/12) (Kan.) (unpub'd) - The 10th acknowledges relief for ineffective assistance of counsel might be available when trial counsel's failure to object leads to the 10th reviewing for plain error, as in the prior appeal in this case. But here the 10th rules it wouldn't have reversed the conviction had counsel preserved the error because the error was harmless beyond a reasonable doubt.

U.S. v. King, 2012 WL 2362610 (6/22/12) (Kan.) (unpub'd) - The typical d. ct. remarks in the face of a defendant's request for substitute counsel that current counsel had done a terrific job did not make the record sufficiently developed so that the 10th could render a decision as to whether trial counsel was ineffective.

U.S. v. Marquez, 2012 WL 2308644 (6/19/12) (Col.) (unpub'd) - The d.ct.'s determination of the defendant's likelihood of recidivism is not assessed under the procedural reasonableness rubric but as a substantive reasonableness challenge.