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U.S. v. BROOKS

No. 08-5133.

569 F.3d 1284 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James Franklin BROOKS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 30, 2009.

Attorney(s) appearing for the Case

Fred Randolph Lynn, Tulsa, OK, appearing for Appellant.

Dennis A. Fries, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Office of the United States Attorney for the Northern District of Oklahoma, Tulsa, OK, appearing for Appellee.

Before TACHA, McWILLIAMS, and TYMKOVICH, Circuit Judges.

TACHA, Circuit Judge.

A jury convicted James Brooks on two counts of robbery and three weapons offenses. Mr. Brooks later filed a pro se motion that he termed a "motion for mistrial," based primarily on alleged ineffective assistance of counsel. After retaining new counsel, Mr. Brooks filed a motion for an evidentiary hearing to determine whether a particular juror was impermissibly biased. The district court denied both motions. Mr. Brooks appeals the district court...

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