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· 4/15/1981

United States v. Preston T. Patterson, United States of America v. Benjamin Demagistris

Citations

  • 644 F.2d 890

How courts have described this case

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

  • determining there is a charge of recent fabrication if “[t]he jury could have thought it was being suggested that [a witness]’s testimony 18 was recently fabricated”
  • “[t]he jury could have thought it was being suggested that [the defendant’s] testimony was recently fabricated or improperly influenced”
  • “The determination of . . . whether the circumstances indicate untrustworthiness[] is within the discretion of the district court.”
  • “The fact that a regular practice is occasionally broken is not enough to avoid application of the business records rule; otherwise, the rule would be swallowed up by an exception for less-than-perfect business practices.”
  • clearly erroneous standard for determining coconspirators under Fed.R.Evid. 801(d)(2)(E)

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Bownes, Hoffman

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.