Evidence

The Fourth Circuit affirmed a defendant’s conviction for conspiring to transmit classified national defense information. As a matter of first impression, the Court held that the district court’s invocation of the silent witness rule, which prevented certain admitted evidence, including both classified and publicly available information, from being presented in open court, did not violate the defendant’s Sixth Amendment right to a public trial under these circumstances.

In a 8-1 opinion, the Supreme Court reversed Hemphill’s conviction and remanded his case for a new trial. The Court held that the admission of a transcript from another suspect’s plea allocution implicating Hemphill violated Hemphill’s Sixth Amendment confrontation right. The Court rejected its previous “reliability” exception to the confrontation requirement—drawn from Ohio v. Roberts, 448 U.S. 56 (1980)—clarifying that the only real exception permitted was in the case of an unavailable witness whom the defendant had already had an opportunity to cross-examine on the same matter. The Court also rejected the assertion that the “opening the door rule” applied in the context of the Confrontation Clause.

The First Circuit reversed a district court’s order denying defendant’s motion to vacate sentence and conviction under 28 USC 2255. The defendant’s appellate attorney had been ineffective for failure to raise a Brady claim, raised by all of her co-defendants on appeal, based on the government’s failure to disclose material that would have undermined the government witnesses’ credibility. The First Circuit held that “any reasonable attorney would have known of the availability of the Brady claim since the co-defendants all raised it and since trial counsel had preserved the issue by raising it in his motion for new trial.”

The Tenth Circuit affirmed a defendant’s conviction despite finding that the district court violated Rule 605 of the Federal Rules of Evidence, which prohibits judges from testifying as witnesses. After the defendant had testified that there had been a second video, not shown to the jury, which would have shown the government’s video was manufactured, the district judge instructed the jury that there was only one video in the case. While this clearly violated Rule 605, the Court concluded that the violation was harmless in light of the overwhelming evidence of guilt.

The Second Circuit vacated a defendant’s conviction for distributing fentanyl. The Court held that the defendant only has to present “some credible evidence” regarding government inducement in order to obtain an instruction on entrapment. The Government’s law enforcement witness also improperly testified that the defendant was an experienced drug dealer, which required specialized knowledge.

The Eleventh Circuit affirmed the conviction, sentence, and restitution order of a defendant convicted of sex trafficking minors and adults. Among the defendant’s challenges, the Court held that admitting graphic videos of a victim does not violate Rule 403 if the videos are relevant and jurors are prescreened appropriately, evidence of a defendant’s use of violence against victims establishes their knowledge that the victims were not consenting to the sexual activities, and a victim’s disclaimer of a restitution award does not negate a district court’s obligation to order restitution.

The Eleventh Circuit affirmed a nurse practitioner’s convictions for drug conspiracy and healthcare fraud in a “pill mill” case. The Court held there was sufficient evidence to convict her of the drug offenses despite the government’s failure to provide any patient testimony that the prescription medications they received were unnecessary, and it affirmed her conviction for healthcare fraud based on her knowledge and participation in filing claims to government programs for office visits where patients received illegal prescriptions. The Court held that the trial court erred in instructing the jury that the parties had stipulated to disputed fact, but held this did not amount to an improper directed verdict or deprive the defendant of her defense because the instruction did not relate to an element of the charged offense or any of the facts necessary to establish one of those elements, and the defendant was still able to present her theory of defense. The Court also rejected the defendant’s evidentiary claims.

The Eleventh Circuit affirmed a defendant’s drug convictions after she was arrested picking up a package for someone that contained cocaine. The Court held that, notwithstanding the Government’s concession at trial to the contrary, the government only had to prove that the defendant knew the package contained some kind of controlled substance, not the specific type alleged in the indictment. Here, the Court held there was sufficient circumstantial evidence proving the defendant knew there were illegal drugs in the package. The Court also declined to review whether sufficient evidence supported the deliberate ignorance instruction and held the trial court did not err in admitting evidence of the defendant’s unrelated illegal pill sales under Rule 404(b).

The Eleventh Circuit affirmed a defendant’s convictions for armed robbery of five businesses. Among its holdings, the Court held that the trial court did not abuse its discretion in denying a motion to continue, it did not err in declining to excuse a juror for cause who was a probation officer, admission of geo-location data that was gathered as fruit of an unlawful search was harmless, an agent’s testimony regarding out-of-court statements was not hearsay since it was helpful to describe investigative tactics, and there was sufficient evidence to convict the defendant based on a modus operandi and pattern reflected in each of the five robberies.

The Eleventh Circuit affirmed a defendant’s conviction for corruptly endeavoring to obstruct the Internal Revenue Code by submitting a fraudulent check to the IRS. The Court held that the IRS’s “collection activity” constituted a “particular administrative proceeding” which is a required element of the offense since SCOTUS’s decision in Marinello v. United States. The Court also rejected evidentiary challenges from the defendant based on the district court limiting the testimony of a witness who connected the defendant to others who prepared the false check.