United States Sixth Circuit

A decision excluding certain evidence from defendant's trial for endeavoring to obstruct justice and related offenses is vacated where, although the proposed testimony of a government computer specialist was expert testimony for which a written summary should have been provided, remedies less severe than exclusion were not given adequate consideration.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• Before BATCHELDER, MOORE, and BALDOCK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Eli Richardson, Assistant United States Attorney, Nashville, Tennessee, for Appellant.  Thomas H. Dundon, Neal & Harwell, Nashville, Tennessee, for Appellee.   ON BRIEF:  Eli Richardson, Paul M. O'Brien, Assistant United States Attorneys, Nashville, Tennessee, for Appellant.  Thomas H. Dundon, Aubrey B. Harwell, Jr., Neal & Harwell, Nashville, Tennessee, for Appellee.