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United States v. Gerhart

United States Court of Appeals for the Eighth Circuit
538 F.2d 807 (8th Cir. 1976)


Facts

Charles Gerhart (defendant) applied for a bank loan. As part of his loan application, Gerhart presented the bank with photocopies of two checks that he had received pursuant to a settlement agreement. During an investigation into Gerhart, the Iowa Department of Public Safety (Department) requested the photocopies of the two checks. A bank employee made second photocopies of the checks and delivered the original photocopies to the Department. Subsequently, the Department lost the original photocopies. Gerhart was charged with making false statements as part of his loan application. At trial, the prosecution introduced, over Gerhart’s objection, the second photocopy of one of the checks. The bank employee and a Department employee testified that they had viewed the original photocopy and the second photocopy, and that the second photocopy accurately portrayed the contents of the original photocopy. Gerhart was convicted. Gerhart appealed, arguing that the prosecution had failed to demonstrate the trustworthiness of the second photocopy.

Rule of Law

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Issue

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Holding and Reasoning (Gibson, C.J.)

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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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