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United States v. Gray

United States Court of Appeals for the Fourth Circuit
405 F.3d 227 (2005)



Josephine Gray (defendant) was accused of killing her first husband, Norman Stribbling, her second husband, Robert Gray, and Clarence Goode, who was Gray's former boyfriend and her accomplice in the killing of Robert Gray. Gray was indicted on charges of mail and wire fraud relating to her receipt of insurance proceeds following the deaths of Robert Gray and Goode. At trial, the district court admitted several of Robert Gray's out-of-court statements concerning threats that Gray had made against him and previous assaults on him by Gray and Goode. The evidence included Robert Gray’s criminal complaint against Gray for assaulting him. The district court admitted Robert Gray's statements pursuant to Federal Rule of Evidence 804(b)(6), which provides an exception to the hearsay rule when a defendant’s own misconduct renders a declarant unavailable as a witness for trial. Gray was convicted and sentenced to 40 years in prison. Gray appealed.

Rule of Law


Holding and Reasoning (Shedd, J.)

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