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Criminal Law

: Tenth Circuit Blog

Conviction, Sentence for Making False Threat Affirmed

By Shari Allison

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United States v. Parker, ___ F.3d ___, 2008 WL 5220512 (10th Cir. 2008)br /Defendant convicted after a jury trial of two counts of making or conveying false claims regarding a threat to blow up a building. (1) No plain error in admission of voice identification testimony by cop who listened to 911 tapes and who had interviewed Defendant, that Defendant had made the 911 threatening calls. A lay witness need only be minimally familiar with a Defendant?s voice before offering an opinion. br /br /2) Evidence sufficient: cell phone from which calls were made was in Defendant?s apartment, and he was admittedly alone in the apartment in the brief time period between when the last 911 calls were made and when police arrived; not only cop but 2 close friends identified the voice on the 911 tapes as Defendant?s...continue to full post

Full post as published by Tenth Circuit Blog on December 18, 2008 (boomark / email).

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