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Appellate Law

: Appellate Law and Practice

CA1: unpreserved errors

By S. COTUS

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US v. Famania-Roche, No. 07-1499.  This is yet another Puerto Rican drug conspiracy appeal.  The evidentiary issues involve  Federal Rule of Evidence 801(d)(2)(E) (co-conspirator statements) that were unpreserved.  And since she the defendant doesn?t even proffer any theory that the testimony was by someone that wasn?t part of the conspiracy the First doesn?t take it too seriously.  read more

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Full post as published by Appellate Law and Practice on August 11, 2008 (boomark / email).

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