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United States v. Hickey

United States Court of Appeals for the Sixth Circuit
917 F.2d 901 (1990)

Written by Sean Carroll, JD

Facts

Quinn Hickey (defendant) was charged with conspiracy to distribute cocaine. At trial, the prosecution called Jack Ventimiglia to testify against Hickey. During cross-examination, Ventimiglia admitted that he was a cocaine addict, had poor memory, and was unsure about certain details of the matter to which he was testifying. There were also several inconsistencies in Ventimiglia’s testimony. However, the district court admitted Ventimiglia’s testimony, and Hickey was convicted. Hickey appealed, arguing that Ventimiglia’s testimony should not have been admitted, because Ventimiglia was unable to satisfy the personal-knowledge requirement of Federal Rule of Evidence (FRE) 602 due to his addiction and lack of memory.

Rule of Law

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Issue

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Holding and Reasoning (Milburn, 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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