United States Court of Appeals for the Fourth Circuit
405 F.3d 227 (4th Cir.), cert. denied, 546 U.S. 912 (2005)
Josephine Gray (defendant) was accused of killing both her husbands and her accomplice in the killing of her second husband, Clarence Goode. Gray was indicted on charges of mail and wire fraud relating to her receipt of insurance proceeds on their deaths. At trial, the district court admitted several out-of-court statements by Robert Gray, Gray’s second husband, concerning threats that Gray had made against him and Gray and Goode’s previous assaults on him. The evidence included Robert Gray’s criminal complaint against Gray for assaulting him. The district court admitted these statements pursuant to Federal Rule of Evidence 804(b)(6), which provides an exception to the hearsay rule when defendant’s own misconduct renders the declarant unavailable as a witness for trial. Gray was convicted and sentenced to 40 years’ imprisonment. Gray appealed.
Rule of Law
Holding and Reasoning (Shedd, J.)
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