US v. Headman, No. 09-1033

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