United States v. Charles Eugene Monks, United States of America v. Gary A. Holt

How courts have described this case

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

• once district court has made necessary foundational finding, jury decides whether statement constitutes an admission
• no abuse of discretion in denying mistrial after inadvertent references to photo lineup pictures as mug shots
• “[A] defendant is not entitled to a severance merely because the evidence against a codefendant is more damaging than the evidence against him.”
• adoptive admissions may be 14 presented to the jury where “sufficient foundational facts have been introduced for the jury 15 reasonably to conclude that the defendant did actually hear, understand and accede to the 16 statement”
• “[W]e will uphold a district court’s refusal to grant a mistrial where the prejudice resulting from introduction of the improper character evidence is minimal, and the judge’s offer to give a limiting instruction is rejected.” (citation modified)
• before letting in evidence as an adoptive admission, “the district court must find that sufficient foundational facts have been introduced for the jury reasonably to conclude that the defendant did actually hear, understand and accede to the statement.”

Source: CourtListener parenthetical corpus (CC0).