United States Second Circuit

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US v. White, 11-772

Defendant's conviction for being a felon in possession of a firearm is vacated and remanded where: 1) district court erred in excluding evidence regarding the arrests and charging decisions of the other occupants in defendant's vehicle, as district courts may not presumptively exclude evidence of the government's charging decisions without an inquiry into its relevance and probative value to the respective case; 2) district court's decision to exclude the prior adverse credibility finding with respect to a police officer cannot be located within the range of permissible decisions; and 3) neither of the district court's errors were harmless as the excluded evidence spoke directly to a critical element of the government's case and its exclusion prevented defendant from presenting a complete defense.

Appellate Information

  • Decided 08/30/2012
  • Published 08/30/2012

Judges

  • Calabresi

Court

  • United States Second Circuit

Counsel