United States v. Faison
United States Court of Appeals for the Third Circuit
679 F.2d 292 (1982)
- Written by Sean Carroll, JD
Facts
James Faison (defendant) was charged with wire fraud in connection with a scheme to forge stolen checks. Faison obtained stolen checks and enlisted the help of Cal Mancuso to see that they were forged and cashed. Mancuso was also charged and pled guilty. At Faison’s trial, Mancuso testified for the prosecution (plaintiff). The trial resulted in a hung jury. During Faison’s second trial, Mancuso was suffering from heart problems and was in the hospital in need of surgery. The district court ruled Mancuso unavailable to testify under Federal Rule of Evidence 804 (Rule 804). Faison requested an adjournment until Mancuso was healthy enough to testify. The district court denied this request and instead permitted introduction of Mancuso’s testimony from the first trial. Faison was convicted, and he appealed, requesting a new trial.
Rule of Law
Issue
Holding and Reasoning (Gibbons, J.)
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