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Tuesday, May 31, 2016

Ind. Decisions - 7th Circuit posts one Indiana case decided May 27th

In USA v. Maurice D. Moore (ND Ind., DeGuilio), an 8-page opinion, Judge Pallmeyer (Rebecca R. Pallmeyer, ND Illinois, sitting by designation) writes:

Marcus Hayden, a federal probationer, engaged in an armed battle with police on April 9, 2012. One officer was injured in the gun fight, and Hayden himself was shot and killed. The government recovered the firearm Hayden used and has charged Defendant Maurice Moore with selling that weapon to Hayden, a known felon, and falsely reporting that the weapon was stolen. In Moore's upcoming trial, the government seeks to introduce evidence of a phone number Hayden had provided his probation of-ficer. Moore made several calls to that number in the hours surrounding the purported theft of the firearm. The district judge has granted Moore's motion to exclude the probation officer's records as inadmissible hearsay. We conclude, how-ever, that the records are admissible under the residual hear-say exception, Fed. R. Evid. 807, and therefore vacate the dis-trict court's order.

Posted by Marcia Oddi on May 31, 2016 03:44 PM
Posted to Ind. (7th Cir.) Decisions