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United States v. Reed
United States Court of Appeals for the Seventh Circuit
227 F.3d 763 (2000)
Dwayne Reed (defendant) was charged with bank robbery. At Reed’s first trial, his codefendant, Frank Simmons, testified against him. Reed had a full opportunity to cross-examine Simmons and attempt to impeach his credibility. The first trial ended in a mistrial. At Reed’s second trial, the prosecution (plaintiff) brought Simmons to the courtroom to testify again, but Simmons refused to testify because his plea deal with the government had concluded. The judge even threatened Simmons with a finding of contempt, but Simmons continued to refuse. The prosecution introduced Simmons’s testimony from the first trial under Federal Rule of Evidence 804(b)(1) (Rule 804(b)(1)). Reed was convicted, and he appealed, arguing that Simmons was not legally unavailable under Rule 804(b)(1) because the prosecution procured his unavailability.
Rule of Law
Holding and Reasoning (Williams, J.)
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