Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Cause Remanded to Determine If Somalian-born Defendant Should Have Had Interpreter at Grand Jury Proceeding

By Shari Allison

United States v. Hasan, ___ F.3d ___, No. 06-5234 (10th Cir. May 20, 2008)Remand to the district court to enter findings on whether, under the Court Interpreter?s Act (CIA) (which applies equally to trials and to grand jury proceedings), the Somalian-born defendant was entitled to an interpreter at the grand jury proceedings. The questions under the CIA are: was his primary language other than English, and was his ability to comprehend and communicate during the proceedings inhibited without an interpreter. The district court determined that Defendant needed an interpreter for his trial on perjury charges arising out of his GJ testimony, but that determination was inconsistent with the fact that he had no interpreter at the grand jury.Compelling case, compelling appendix of Defendant?s confused grand jury testimony, a travesty that he was prosecuted, and a travesty that Defendant was convicted...continue to full post

Full post as published by Tenth Circuit Blog on May 21, 2008 (boomark / email).