Defendant’s murder conviction is affirmed in part where: 1) defendant’s Brady claim failed because he did not show that the allegedly undisclosed information was material; and 2) the trial court’s instructions did not misinform the jury about the application of the intoxication defense to aiding and abetting first-degree premeditated murder. However, the conviction is reversed in part where, for double jeopardy reasons, the government conceded that either the felony-murder or kidnapping conviction should be vacated on remand.
Read US v. Headman, No. 09-1033
Appellate Information
Filed February 4, 2010
Judges
Opinion by Judge Hartz
Counsel
For Appellant:
Elizabeth L. Harris and Andrew W. Myers, Jacobs Chase Frick Kleinkopf & Kelley, LLC, Denver, CO
For Appellee:
James C. Murphy, Michael Carey and Todd Norvell, Assistant United States Attorneys, Denver, CO
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