Thursday, December 5, 2013

United States v. Myers case brief

United States v. Myers case brief summary
550 F.2d 1036 (5th Cir. 1977), cert denied, 439 U.S. 847 (1978)


CASE SYNOPSIS
Defendant appealed from the judgment of the United States District Court for the Middle District of Florida which convicted him of bank robbery.

CASE FACTS
Defendant was convicted of bank robbery. On appeal, he contended that the district court committed reversible error when it refused to strike the testimony of alibi rebuttal witnesses whose identities were not disclosed before the trial, admitted evidence indicating that defendant had previously been convicted of armed bank robbery, and gave the jury a flight instruction that lacked sufficient evidentiary support.

DISCUSSION

  • After review, the court concluded that the government had a continuing duty to notify defendant of the existence of alibi rebuttal witnesses and the district court abused its discretion when it failed to exclude the testimony of those undisclosed witnesses. 
  • The district court committed reversible error when it admitted evidence indicating that defendant had previously been convicted of armed robbery. 
  • It also erred in instructing the jury concerning the proper use of evidence indicating that defendant fled from FBI agents on two occasions subsequent to the commission of the robbery because there was no support in the record for such an instruction. 
  • The judgment and conviction appealed from was reversed.

CONCLUSION
The judgment of the district court which convicted defendant of bank robbery was reversed because the court abused its discretion when it denied defendant's motion to strike the testimony of undisclosed alibi rebuttal witnesses and when it admitted evidence indicating that defendant had committed a crime not charged in the indictment.


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