United States Court of Appeals for the First Circuit
970 F.2d 948 (1992)
The United States government (plaintiff) prosecuted Richard B. Hudson, Sr. (Hudson) and several co-conspirators, including Hudson's brother James (defendants), on two counts related to possession with intent to distribute cocaine. At trial, Hudson proffered a jail inmate’s testimony that while James was being held in pretrial custody, he admitted that Hudson had nothing to do with drugs, but James would give false testimony against Hudson in revenge for a family grievance. Hudson did not confront James with this alleged statement or ask James to explain or deny it on the witness stand. The judge denied the proffered evidence on hearsay grounds. The jury convicted Hudson on both counts. Hudson appealed to the United States Court of Appeals for the First Circuit, arguing the judge erred in excluding the proffered evidence. On appeal, the government argued that the proffered evidence was inadmissible not only as hearsay, but also because Hudson failed to lay a proper foundation for admitting it.
Rule of Law
Holding and Reasoning (Young, J.)
Concurrence (Selya, J.)
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