United States v. Kizzee

877 F.3d 650 (2017)

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United States v. Kizzee

United States Court of Appeals for the Fifth Circuit
877 F.3d 650 (2017)

  • Written by Rose VanHofwegen, JD
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Facts

A police officer saw Carl Brown arrive at Pereneal Kizzee’s (defendant’s) house, buy drugs, and leave. Police pulled over Brown and found drugs in his hat. After taking Brown in for questioning, police obtained a search warrant for Kizzee’s house, and charged him with possessing guns and ammunition as a convicted felon, as well as dealing drugs. At trial, the prosecution asked the arresting officer if he questioned Brown about where he got the drugs, whether Kizzee had more drugs at his house, and whether Brown had bought drugs from Kizzee before. Each time the officer responded yes. Then the prosecutor asked what the officer did with the information obtained in the investigation up to that point. The officer replied that he obtained a warrant to search Kizzee’s house. The defense objected based on hearsay and the Confrontation Clause, but the trial court overruled the objection and convicted Kizzee. Kizzee appealed, asserting the officer’s testimony violated the hearsay rule.

Rule of Law

Issue

Holding and Reasoning (Prado, J.)

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