Monday, November 26, 2012

Eighth Circuit -- United States v. Mark Shore

Uncharged bad acts for purposes of FRE 404 are in fact charged acts if they happened during the pendency of an alleged conspiracy.

Deft's admission during the search that he was unemployed, even though not disclosed pretrial, couldn't have swayed the verdict - no plain error in allowing.

Prosc witness calling heroin very dangerous didn't sway the trial.

Acknowledging the validity of the warrant doesn't close the door to prosc introducing CI testimony outside the confrontation clause if the deft is alleging inappropriate targeting in general by law enforcement.

Jury instruction didn't improperly track prosc witness testimony.

No plain error in sentencing.


United States  v.  Mark Shore
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.