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United States v. Dazey

403 F.3d 1147 (2005)

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United States v. Dazey

United States Court of Appeals for the Tenth Circuit

403 F.3d 1147 (2005)

Facts

Dennis Dazey and three others (defendants) created a fraudulent investment fund and held seminars to convince people to invest in the bogus fund. Eventually, Dazey and the others were tried on several financial-fraud charges relating to the investment fund. The trial involved a considerable amount of evidence about what was said at the seminars, including testimony about notes that three investors took during the seminars. These handwritten notes were fairly illegible. But the investors appeared as witnesses, testified that they took the notes while their memories were fresh, and then testified about the contents of their own notes. The investors were never specifically asked if they could testify fully and accurately about what they heard at the seminars without the notes. The physical notes were admitted as a few of the hundreds of exhibits in the case. Dazey and the others were convicted and appealed, arguing that the notes were hearsay and should have been excluded.

Rule of Law

Issue

Holding and Reasoning (McConnell, J.)

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