Opinion

United States v. William Curro

  • 847 F.2d 325
  • 1988 U.S. App. LEXIS 7140
  • 1988 WL 52058
Court
Court of Appeals for the Sixth Circuit
Filed
May 26, 1988
Status
Published
Author
Johnstone
On the bench
Martin, Guy, Johnstone
Cited by
30 cases

Overruled on other grounds by United States v. Nelson Bernardo Gomez-Lemos, 939 F.2d 326 (1991)

if Government has two equally good sources, it should not rely on the absent witness

How later courts described this case

  • if Government has two equally good sources, it should not rely on the absent witness
  • “An appellate court is not the proper forum to conduct the needed factual hearing required under [Enright and Vinson ].”

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by United States v. Nelson Bernardo Gomez-Lemos, 939 F.2d 326 (1991)

    847 F.2d 325, 328 (6th Cir.1988), overruled on other grounds, United States v. Gomez-Lemos, 939 F.2d 326, 332 (6th Cir.1991).
    Court of Appeals for the Sixth CircuitOct 16, 1991other groundsmedium confidenceRead it

The opinion

JOHNSTONE, Chief District Judge,

concurring.

While concurring with the conclusion reached by the majority, I write separately because the transcript of Louzon’s Grand Jury testimony included extensive statements not related to or in the furtherance of the conspiracy, which statements were hearsay to the second and third power. A large portion of the transcript was admissible under the reasons stated by the majority; other portions were not. These inadmissible, non-conspiratorial statements could have been excised from the transcript before permitting it to be read to the jury. To bootstrap the inadmissible evidence through Fed.R.Ev. 804(b)(5) constitutes error. However, the error was harmless in view of the overwhelming evidence against the defendant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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