Friday, September 14, 2012

Krulewitch v. United States case brief

Krulewitch v. United States:
Was the admission of a conversation between petitioner’s alleged co-conspirator and the witness that occurred well after the date of the incident admissible to trial in order to prove evidence of a conspiracy?

No - Judgment reversed for P. The court finds that the government is asking them to expand the narrow exception to the hearsay rule and hold admissible a declaration, not made in furtherance of a crime but made in furtherance of an alleged implied but uncharged conspiracy aimed at preventing detection and punishment.
  • The hearsay declaration, was not made pursuant to and in furtherance of objectives of the conspiracy charged in the indictment, b/c if made, it was after those objective either had failed or had been achieved.

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