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U.S. v. SCISUM

No. 93-4180.

32 F.3d 1479 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Vernell SCISUM, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 23, 1994.

Attorney(s) appearing for the Case

Robert H. Copier, Salt Lake City, UT, for defendant-appellant.

Wayne T. Dance, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., Paul M. Warner, Asst. U.S. Atty. and Kevin L. Sundwall, Sp. Asst. U.S. Atty., on the brief), Salt Lake City, UT, for plaintiff-appellee.

Before TACHA, Circuit Judge and McKAY, Senior Circuit Judge and SHADUR, Senior District Judge.

SHADUR, Senior District Judge.

Timothy Scisum ("Scisum") appeals his conviction on Count Three of a three-count indictment, on which the jury had initially found him not guilty on Count Two and then — after having sent word earlier that it was deadlocked on Counts One and Three — ultimately found him not guilty on Count One as well, but guilty on Count Three. Scisum claims two types of reversible error, stemming from:

1. the trial judge's ex...

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