Sunday, December 22, 2013

United States v. Hoosier case brief

United States v. Hoosier case brief summary
542 F.2d 687 (6th Cir. 1976)


CASE SYNOPSIS
Criminal appeal from the United States District Court for the Middle District of Tennessee, Nashville Division, which convicted appellant of armed robbery of a federally insured bank.

CASE FACTS
Appellant was convicted of one count of armed robbery of a federally insured bank.

DISCUSSION

  • The district court held the testimony of appellant's girlfriend was not hearsay and admitted it. 
  • The statement was made in appellant's presence, with only his girlfriend and another witness present. 
  • Because appellant trusted the other witness with information about the bank robbery plan and did not object when the girlfriend made the statement in the presence of the witness the total circumstances were that the testimony was admissible.

CONCLUSION
Judgment convicting appellant of armed robbery of a federally insured bank upheld because the statement was made in the presence of another witness and appellant did not object when the girlfriend made the statement, so under the total circumstances the testimony was admissible.

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