United States Court of Appeals for the Ninth Circuit
114 F.3d 928 (9th Cir. 1997)
Gil Manuel Paguio, Jr. (Paguio) and Angelica Acosta (Acosta) (defendants) were charged with falsifying a loan application. Paguio’s father was heavily involved in filling out the loan application in question on Paguio’s and Acosta’s behalf. During discovery, the defendants’ lawyer got a statement from Paguio’s father that indicated that he was at fault and that his son had “nothing to do with it.” Paguio’s father then became a fugitive and unavailable to testify at trial. The trial court admitted into evidence the part of the father’s statement in which he admitted to the fraud, but excluded the part of the statement in which he exonerated Paguio, his son. The jury convicted Paguio and Acosta. Paguio and Acosta appealed on the grounds that Paguio’s father’s entire statement should have been admitted as a statement against interest.
Rule of Law
Holding and Reasoning (Kleinfeld, J.)
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