United States Fourth Circuit

District court did not abuse its gatekeeping authority under Fed. R. Ev. 403 by excluding an audio tape of conversations between defendant and defendant's long-time friend where the jury would be at risk of being confused and misled by fabrications and self-serving hearsay.

Appellate Information

• Argued 12/08/2000
• Decided 04/20/2001
• Published 04/20/2001

Judges

• Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph John McCarthy, Delaney, McCarthy, Colton & Botzin, P.C., Alexandria, VA, for Appellant. Justin W. Williams, Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee. ON BRIEF:  Helen F. Fahey, United States Attorney, Alessandra DeBlasio, Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee.