United States Court of Appeals for the District of Columbia Circuit
596 F.3d 852 (D.C. Cir. 2010)
Terry Davis (defendant) was charged with theft and fraud for stealing money from his fraternity. Davis was the treasurer of the fraternity when the alleged theft occurred. At trial, the district court permitted the prosecution to introduce the testimony of the fraternity’s new treasurer, Jimmy Hammock. Hammock testified that Davis, referring to the money missing from the fraternity, had asked him, “Can we just split this $29,000.00 and make this situation just go away?” Hammock testified that he had responded by saying that if Davis wanted to negotiate a settlement, Davis needed to talk to the fraternity’s counsel or president. The prosecution admitted that it was not introducing Hammock’s testimony to prove that Davis was attempting to obstruct the criminal investigation. Davis was convicted. Davis appealed.
Rule of Law
Holding and Reasoning (Randolph, J.)
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