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· 4/19/2004

United States v. Avants

Citations

  • 367 F.3d 433
  • 2004 U.S. App. LEXIS 7519
  • 2004 WL 831237

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Fed. R. Evid. 804(b)(1) exception, equivalent to La. Code Evid. Ann. art. 804(B)(1), was a firmly rooted hearsay exception
  • holding that the Fed. R. Evid. 804(b)(1) exception, equivalent to La. Code Evid. Ann. art. 804(B)(1), was a firmly rooted hearsay exception
  • finding that, in a case where the appellant’s “motive was to discredit a witness . . . whose testimony could, if believed, convict him,” a change in trial strategy did not create dissimilarity in motive
  • noting, when defining acceptable factual bases experts to rely on, that “Rule 703 . . . does not require a ‘personal examination’ of the ‘person or object of the expert’s testimony’”
  • “In order for a prior inconsistent statement to be admissible for impeachment purposes, there must be a preliminary finding that statements are inconsistent.”
  • “Evidentiary rulings are reviewed for abuse of discretion; however, in the absence of a proper objection, we review only for plain error.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Barksdale, Prado

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.