Winning Daily Decision

Wednesday, September 13, 2006

Confrontation Clause Violated

US v. Jimenez, No. 04-51225 (5th Cir. September 12, 2006).
Convictions for conspiracy to possess with intent to distribute cocaine and aiding and abetting possession with intent to distribute are vacated where the district court violated her Confrontation Clause right by not allowing her to ask a government witness, a narcotics officer, where specifically he was located when he allegedly observed her selling drugs while on the front porch of her home, and the error was not harmless. http://caselaw.lp.findlaw.com/data2/circs/5th/0451225cr0p.pdf

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