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Monday, April 04, 2011

Ind. Decisions - 7th Circuit issues one Indiana opinion today, a reversal

In U.S. v. Hicks (SD Ind., Lawrence), a 20-page opinion in a case argued nearly a year ago, Judge Williams writes:

A jury found Billy Hicks guilty of one count of knowingly distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1). Hicks appeals his conviction, arguing that the district court made several errors during trial. We find that the district court did not err when it dismissed a juror for cause based on her relationship to a witness, admitted tape recordings between Hicks and a confidential informant, and allowed federal agents to testify about their personal observations. However, because we find that the district court improperly allowed evidence of Hicks’s prior drug convictions in violation of Federal Rule of Evidence 404(b), we vacate his conviction and remand for a new trial.

Posted by Marcia Oddi on April 4, 2011 11:56 AM
Posted to Ind. (7th Cir.) Decisions