United States v. Oldman, No. 19-8023 (10th Cir. 2020)Annotate this Case
Arapaho James Oldman and Matthew Whiteplume severely beat Charles Dodge III. One of them cut his throat. Dodge died from blunt-force trauma and/or sharp-force injuries. Oldman was convicted by jury of first-degree murder, both as a principal and an aider and abettor. The trial court refused his request for a lesser-included offense instruction on assault resulting in serious bodily injury (ARISBI). On appeal, Oldman argued the trial court erred by refusing to give the ARISBI instruction. He also contended the court erred when it “mishandled” graphic photos of Dodge’s body, allowed a defense witness to invoke his Fifth Amendment privilege, communicated ex parte with a juror, and misapplied the spousal privilege. Finally, he claimed his trial counsel was ineffective. Rejecting these arguments, the Tenth Circuit Court of Appeals affirmed Oldman's convictions.
The court issued a subsequent related opinion or order on November 6, 2020.