United States Sixth Circuit

Conviction of defendant for premeditated murder, bank robbery and related crimes is affirmed where: 1) tape recording was properly admitted as Confrontation Clause was not implicated because the statements were not testimonial and were admissible under Federal Rule of Evidence 804(b)(3); 2) defendant's claim of prosecutorial misconduct is rejected; and 3) it need not be decided whether witness' testimony was improper where it could not have materially affected the verdict.

Appellate Information

• Argued 07/31/2009
• Decided 09/18/2009
• Published 09/18/2009

Judges

• Before NORRIS and COLE, Circuit Judges; ADAMS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Elizabeth L. Jacobs, Law Office, Detroit, MI, for Appellant. Kevin M. Mulcahy, Assistant United States Attorney, Detroit, MI, for Appellee. ON BRIEF:Elizabeth L. Jacobs, LAW OFFICE, Detroit, MI, for Appellant. Kevin M. Mulcahy, Assistant United States Attorney, Detroit, MI, for Appellee.