DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172216P.pdf 11/06/2018 United States v. Malcolm Roy Evans
U.S. Court of Appeals Case No: 17-2216
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Stras, Author, with Benton and Kelly, Circuit Judges]
Criminal case - Criminal law and sentencing. Affidavit in support of
search warrant was sufficient to establish probable cause to believe that
defendant was the bank robber in the crime and that evidence of the
robbery would be found in his motel rooms; defendant's numerous letters to
the district court did not request new counsel and the district court did
not err in failing to treat them as such a motion; defendant failed to
make a timely objection to an in-court identification and the admission of
the evidence would be judged under plain-error review; the error defendant
alleges is not plain under the current state of the law; the district
court did not err in barring further testimony from defendant after he
willfully ignored the rules despite the court's repeated warnings to
confine his testimony to relevant matters and avoid disruptive conduct and
highly inflammatory comments; the district court did not err in imposing a
two-level enhancement for obstruction of justice based on defendant's
repeated instances of misbehavior and his final outburst (which involved
jumping up on counsel table and yelling "this is bullshit), which the
court concluded was intended to cause a mistrial. Judge Kelly, concurring
in part and dissenting in part.