United States Fourth Circuit

Judgment of conviction of carjacking and related charges is vacated and remanded where the district court erred in denying defendant's motion for a new trial because: 1) the actual booking photograph of another potential suspect taken on December 31, 2007, depicting him with dreadlocks was newly discovered evidence; 2) defendant exercised due diligence in discovering the evidence; 3) the new evidence was not merely cumulative or impeaching; 4) evidence bearing on the identification of the carjacker was undoubtedly material to the issues involved in this case; 5) the newly discovered evidence would probably result in acquittal at a new trial; however, 6) the district court did not abuse its discretion in admitting evidence of defendant's possession of a revolver, the same type of gun used in the carjacking, on prior occasions, but the semi-automatic-pistol evidence was improperly admitted under Federal Rule of Evidence 404(b).

Appellate Information

• Decided 03/01/2013
• Published 03/01/2013

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel