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Criminal Law

: Tenth Circuit Blog

FRE 403 Violated by Admitting Gang Evidence, But Harmless

By Shari Allison

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U.S. v. Brown, 2008 WL 2967708 (8/5/08) (unpub'd) - It was error in violation of Evidence Rule 403 to admit evidence of the defendant's membership in a drug-dealing gang to show his intent to distribute drugs. The 10th found it significant that the defendant was not charged with conspiracy. Nevertheless, the error was harmless.

Full post as published by Tenth Circuit Blog on August 12, 2008 (boomark / email).

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