United States v. McCabe, No. 11-30345 (5th Cir. 2012)
Annotate this CaseThese appeals involved former policemen who were convicted in the same trial regarding their conduct during Hurricane Katrina, which resulted in the death of one citizen. Defendants appealed their convictions and sentences. The court held that, because Defendant Warren had demonstrated that he suffered specific compelling prejudice as a consequence of the district court's refusal to sever his trial from that of the other defendants, the district court abused its discretion in denying Warren's repeated motions to sever under Federal Rule of Criminal Procedure 14(a). The court also held that the evidence was insufficient to support Defendant McRae's conviction for denying the citizen's descendants and survivors the right to access the courts, and therefore reversed and vacated that conviction. The court affirmed McRae's other convictions, rejecting his double jeopardy challenge, and remanded for resentencing. The court further held that the district court did not abuse its discretion in granting Defendant McCabe a new trial, and therefore affirmed that order.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.