United States v. Opager

589 F.2d 799 (1979)

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United States v. Opager

United States Court of Appeals for the Fifth Circuit
589 F.2d 799 (1979)

RW

Facts

The United States government (plaintiff) prosecuted Patricia Lynn Opager (defendant) for possession with intent to distribute cocaine. At trial, government witness Phillip Posner testified he worked at a beauty salon with Opager in 1974 and again in 1976, and both times saw her sell cocaine. Opager called five witnesses to impeach Posner's character for truthfulness. Opager also proffered salon payroll records to show she and Posner did not work together in 1974. The judge ruled the payroll records inadmissible under Federal Rule of Evidence 608(b). The jury convicted Opager. On appeal to the United States Court of Appeals for the Fifth Circuit, Opager argued the judge erred in excluding the payroll records.

Rule of Law

Issue

Holding and Reasoning (Brown, C.J.)

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