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United States v. Day

789 F.2d 1217 (1986)

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United States v. Day

United States Court of Appeals for the Sixth Circuit

789 F.2d 1217 (1986)

Facts

Clarence Moore, Johnny Pack, and Delmer Day (defendants) were arrested and tried for various crimes relating to personal-income-tax evasion. However, before Moore was arrested, two law-enforcement agents interviewed him and recorded the interview. The agents told Moore that he was not being criminally investigated and advised him about various legal rights, such as his right to stay silent and to have an attorney present for the interview. During the interview, Moore described himself as an uneducated country boy who was duped and manipulated by Day and Pack. Moore called Day a crook and accused Pack of being the one primarily responsible for the check-conversion part of the tax-evasion scheme. Moore testified at the group trial. Moore’s trial testimony was inconsistent with his interview statements. There was no evidence that Moore had taken an oath and was speaking under penalty of perjury during the recorded interview. But the trial court still allowed the jury to hear parts of the interview recording. Moore was acquitted of all counts, and Day and Pack were convicted on all counts. Day and Pack appealed, arguing that the interview recording should have been excluded as inadmissible hearsay.

Rule of Law

Issue

Holding and Reasoning (Krupansky, J.)

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