United States Court of Appeals for the Seventh Circuit
979 F.2d 1234 (7th Cir. 1992)
During a search of the home of Henry Ewing (defendant), police found cocaine and two notebooks containing incriminating information. The prosecution introduced the notebooks at trial. At that time, the notebooks had Ewing’s name written on them. However, Renee Schooley, who was Ewing’s attorney, and Abigail Stottlar, who was Schooley’s paralegal, had examined the notebooks at the police station approximately six weeks before trial. Stottlar testified that Ewing’s name had not been on the notebooks when she examined them prior to trial. The trial judge did not allow Schooley to testify in the same way, and Ewing was convicted of drug trafficking. Ewing appealed, arguing that Schooley should have been permitted to testify that Ewing’s name was not on the notebooks at the police station.
Rule of Law
Holding and Reasoning (Coffey, J.)
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