United States v. Davis
United States Court of Appeals for the Eleventh Circuit
779 F.3d 1305 (2015)
- Written by Serena Lipski, JD
Facts
Jerry Thomas Davis (defendant) was convicted of possession of an unregistered short-barreled shotgun. Just before his arrest, two police officers responded to a 911 call that Davis had pointed a sawed-off shotgun at another person. One of them, Jady Pipes, was the only person who saw Davis throw an object out of a car window. After Davis was caught by the police, the police discovered that the object was a sawed-off shotgun. During Davis’s trial, Davis sought to exclude evidence that Pipes was the police chaplain as well as a police officer. The trial court required that during his testimony, Pipes could not wear his uniform hat, which contained a large cross visible to the jury. The trial court permitted the prosecution to refer to Pipes as chaplain and to testify that his title was chaplain. Following his conviction, Davis appealed, arguing that the trial court erred in permitting evidence of Pipes’s title as chaplain in violation of Federal Rule of Evidence 610.
Rule of Law
Issue
Holding and Reasoning (Hinkle, J.)
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