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United States v. Dean

United States Court of Appeals for the Eighth Circuit
823 F.3d 422 (2016)

Written by Sean Carroll, JD

Facts

Terrence Dean (defendant) was indicted for being a felon in possession of a firearm. Myishia Maxwell testified before a grand jury that she saw Dean holding a gun on the night in question. At the subsequent trial, Maxwell testified on direct examination that she did not see Dean with a gun on the night in question. On redirect examination, Maxwell testified that she could not remember whether she saw Dean with a gun. The district court permitted the prosecution (plaintiff) to introduce Maxwell’s prior statement that she had made before the grand jury. Dean argued unsuccessfully that the statement was hearsay. Dean was convicted, and he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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