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Criminal Law

: Tenth Circuit Blog

Denial of New Trial Motion Affirmed

By Shari Allison

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US v. Carlos Lopez, No. 09-3148 (10th Cir. June 10, 2010) (unpublished): A very lengthy opinion for an unpublished decision. The Tenth Circuit affirms the district court's denial of drug defendant's motion for new trial. Defendant, arrested with methamphetamine in a cooler in his vehicle, moved for new trial based on newly discovered evidence that government witness had set him up, based on a federal prisoner's affidavit who allegedly overheard the witness telling another inmate about concocting the story so as to avoid disclosing the real courier. The Tenth Circuit rejected defendant's belated argument that the district court used the wrong standard by applying the 5-part test of US v. Higgins, 282 F.3d 1261 (10th Cir. 2002), specifically the requirement that the new evidence would probably produce an acquittal...continue to full post

Full post as published by Tenth Circuit Blog on June 15, 2010 (boomark / email).

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