United States Third Circuit

Conviction for distribution of cocaine is vacated and remanded for a new trial where: 1) the written statement of a confidential informant naming defendant as the person who had sold him drugs in a controlled buy was hearsay and not subject to an exception as a present-sense impression; 2) the prosecution could not use in its case-in-chief as substantive evidence the responses and reactions of defendant upon seeing a video purporting to depict him selling drugs, when the showing of the video preceded the administration of Miranda warnings; and 3) because of the Miranda violations prior to the showing of the video, defendant's inculpatory post-Miranda statements made after seeing the video were inadmissible.

Appellate Information

• Argued 06/05/2008
• Decided 09/02/2008
• Published 09/02/2008

Judges

• Before:  AMBRO, CHAGARES and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen P. Patrizio, Esq. (Argued), Philadelphia, PA, for Appellant.


• For Appellees:
  
• Robert F. Kravetz, Esq. (Argued), Office of the United States Attorney, Wilmington, DE, for Appellee.