Bruton and Redactions of Co-defendant Statements at Trial: Boilerplate Rules
A federal prosecutor may seek to introduce one defendant’s confession during a joint trial involving several defendants. A serious Confrontation Clause problem arises when the confession incriminates a codefendant, but the person who made the statement does not testify...
Federal Rule of Evidence 413: Court’s Interpretation of Word “Accused” is Overly Broad and Error
Federal prosecutors may attempt to introduce allegations of prior sexual misconduct to persuade a jury that the defendant has a propensity to commit the charged offense. Federal Rules of Evidence 413 and 414 permit this type of...
The Limits of Cross-Examination of a Government Snitch: Boilerplate Rules
Federal prosecutors frequently build criminal cases around cooperating witnesses, confidential informants, and codefendants who expect something in return for their testimony. A witness may hope to avoid charges, reduce a mandatory minimum sentence, receive money, obtain immigration assistance, or secure...
FRE 801 (d)(2)(E) and Co-Conspirator Hearsay: District Court’s Failure to Make Explicit Findings on Admissability is Not Error
Federal prosecutors frequently introduce statements made outside the courtroom by alleged members of a conspiracy. These statements may include recorded calls, text messages, emails, testimony from informants, and conversations repeated by cooperating witnesses.
The government cannot admit...
Drug Experts and Interpreting Words in Recorded Conversations: Boilerplate Rules and Analysis
Federal drug prosecutions frequently rely on recorded telephone calls, text messages, and intercepted conversations. The government may claim that ordinary words, numbers, or phrases are coded references to drugs, quantities, prices, or participants.
Federal agents cannot...
Narcotics Police Officer Not an Expert Under FRE 702
Federal prosecutors frequently offer law enforcement officers as experts on drug trafficking organizations, coded language, distribution quantities, drug values, packaging, and common practices. An officer’s experience may qualify the officer to testify about certain specialized subjects, but experience...