Sufficiency of Evidence – Court Interpreters Act

Listen to this article

7th Circuit Court of Appeals

Case Name: United States of America v. Pavel Leiva

Case No.: 15-1930

Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges

Focus: Sufficiency of Evidence – Court Interpreters Act

Appellant unsuccessfully argues that language barrier led to illegal search of his vehicle and issues during trial testimony that violated his due process rights

“These examples demonstrate multiple laudable actions of the district court: it attended to the concerns of counsel; it encouraged patience; it admonished Leiva not to ramble and the interpreter to translate in real time; it encouraged counsel to ask short, simple questions; it paused when necessary to ensure that Leiva understood the translation; it ensured that the testimony was recorded; and it arranged the courtroom to optimize sound clarity. The district court responded practically to each issue that arose, and collaborated with counsel to make the best of a less than ideal situation. Further, as noted above, the translation itself is clear. In light of the district court’s many precautions and the ultimate translation produced, not removing and replacing the interpreter was not an abuse of discretion.”

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.