United States Fourth Circuit

A conviction for interstate kidnapping resulting in the death of defendant's ex-wife is affirmed over claims of error regarding: 1) whether a jury instruction given by the district court constructively amended the indictment; 2) denial of pre-trial motions to suppress testimony from a jail informant about a murder-for-hire plot; 3) denial of a motion to suppress a recorded telephone conversation between defendant and his counsel in which the murder-for-hire plot was discussed; 4) whether admission of recorded conversations as redacted were in violation of the rule of completeness as set in Fed R. Evid. 106; 5) admission of hearsay statements made by the victim; 6) admission of a missing person poster as unduly prejudicial; 7) a denial of a motion for recusal based on the court's alleged prejudgment on the ultimate issue of guilt; and 8) the sufficiency of the evidence to prove various elements of the kidnapping charge.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Meghan Suzanne Skelton, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.   Erik Russell Barnett, Assistant United States Attorney, David Brian Goodhand, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, Amy L. Austin, Office of the Federal Public Defender, Richmond, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Patricia M. Haynes, Assistant United States Attorney, Eric J. Heimann, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.