Erroneous exclusion of cross-examination testimony under Rule 404(b) was not harmless beyond reasonable doubt
EVIDENCE United States v. Montelongo, No. 04-2215, ___ F.3d ___ (10th Cir. Aug. 24, 2005)(New Mexico). Appeal of conviction for possession with intent to distribute more than fifty kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess with intent to distribute more than fifty kilograms of marijuana, in violation of 21 U.S.C. § 846. HELD: District court erred in denying defendant opportunity to cross-examine truck owner who hired him to drive truck in which marijuana was found about earlier incident involving one of his trucks where marijuana was found under nearly identical circumstances. Testimony was admissible under Rule 404(b) of Federal Rules of Evidence as probative of similarities between two crimes and therefore relevant to defendant’s defense of lack of knowledge of presence of marijuana. Error was not harmless beyond reasonable doubt as testimony may have had some tendency to negate inference that defendant had knowledge of presence of marijuana in truck. Read the opinion here. |
Comments on "Erroneous exclusion of cross-examination testimony under Rule 404(b) was not harmless beyond reasonable doubt"