Wednesday, November 28, 2012

Seventh Circuit -- USA v. Bernard Foster

Conditional agreement to certain evidence does not waive objection to the material, once that objection has been clearly made.

Potential shift at the appeal stage in the basis for the objection from foundational to constitutional does not forfeit the argument on appeal.

Admission of CI statements not hearsay / didn't violate Confrontation Clause.

No abuse of discretion in denying a missing witness instruction where the prosecution allegedly kept the witness from testifying by intimidation/investigation.

Harmless error in FSA sentencing error, as court later said that it would have done the same anyway.


USA v. Bernard Foster
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.