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Dohan: No Improper Vouching

By Tim Cone

In U.S. v. Dohan, No. 06-14320 (Nov. 28, 2007), the Court affirmed the conviction of a defendant charged with fraud and money-laundering.Reviewing for "plain error," the Court rejected the argument that the government should have corrected a cooperating witness testimony that he was testifying of his own volition, when he was in fact still subject to supervised release. The Court noted that the issue involved the witness? beliefs, and that the witness had been subject to vigorous cross-examination.The Court also rejected the argument that the government improperly vouched for credibility of the witness? credibility by suggesting that he had been "checked" by the prosecutor, and also by the judge earlier in reducing the witness? sentence for giving substantial assistance...continue to full post

Full post as published by Defense Newsletter Blog on November 29, 2007 (boomark / email).