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: Defense Newsletter Blog

Iriele: Lay Expert Can Testify About Handwriting Learned During Course of Criminal Investigation

By Tim Cone

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In United States v. Iriele, No. 17-13455 (Oct. 9, 2020) (Ed Carnes, Branch, Tjoflat), the Court affirmed the pharmacist defendant?s convictions stemming from the illegal dispensation of prescription medications. On appeal, the defendant raised 15 claims of error. However, the Court addressed only a few of them because the remainder did not warrant discussion. The Court ?remind[ed] counsel that raising a plethora of issues is not good advocacy.? First, the defendant challenged the admission of testimony by a non-expert law enforcement agent who investigated the defendant?s schemes and told the jury that a ledger contained the defendant?s handwriting. The Court upheld the admission of that testimony under Rule 901(b)(2)...continue to full post

Full post as published by Defense Newsletter Blog on October 09, 2020 (boomark / email).