United States v. Harris, No. 10-2009 (1st Cir. 2011)Annotate this Case
Based on his participation in an armed robbery of a supermarket, defendant was convicted on counts of robbery, use of a firearm, possession of a stolen firearm, and as a felon in possession. The First Circuit affirmed, first rejecting an argument that the court should have held a formal competency hearing, prior to his arraignment, and should have required him to plead personally. The court also rejected a claim under the Speedy Trial Act, 18 U.S.C. 3161(c)(1), a challenge to jury instruction concerning defendant's refusal to give DNA evidence when arrested, claims of misconduct by defense counsel and the prosecution, and a claim of insufficiency of the evidence, which the court characterized as "hopeless."
The court issued a subsequent related opinion or order on October 24, 2011.