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Wednesday, April 07, 2010

Ind. Decisions - A second 7th Circuit opinion out of Indiana posted today

In U.S. v. Jones (SD Ind., Young), a 31-page opinion, Judge Williams concludes:

And given the scant evidence aside from the wiretap implicating Cook as part of the conspiracy, if the jury did not believe that it was his voice on the tapes, it could not have found him guilty beyond a reasonable doubt. * * *

Here, Cook was deprived of a fair trial when the jury heard critical, disputed testimony from Detective Simpson without Cook having had an opportunity to challenge it. We are compelled to vacate Cook’s conviction and remand his case for retrial.

For the foregoing reasons, Cook’s conviction is VACATED and his case is REMANDED to the district court for proceedings consistent with this opinion. The convictions and sentences of all other defendants are AFFIRMED.

Posted by Marcia Oddi on April 7, 2010 01:53 PM
Posted to Ind. (7th Cir.) Decisions