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By Shari Allison

U.S. v. Hasan, 2010 WL 2510727 (6/23/10) (Okl.) (Published) - After a prior remand from the 10th, the d. ct. failed to apply the proper law in determining whether the grand jury proceedings complied with the Court Interpreters Act ("CIA"). The d.ct. mistakenly focused on the defendant 's communication with his employers, students and wife in English, when the question under the CIA is whether he spoke primarily a language other than English, in this case, Somali. If on remand the d. ct. determined the defendant's primary language was Somali, the d. ct. must then decide whether the defendant was so inhibited in his ability to communicate and comprehend before the grand jury that the proceedings were fundamentally unfair.The 10th then discussed whether it should decide the evidence-sufficiency question in this perjury case or leave that for another day, as it had on the first appeal...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).