United States Court of Appeals for the Third Circuit
212 F.3d 210 (3d Cir. 2000)
The Saadas (defendants) were charged with insurance fraud in relation to a claim they made due to flooding in their warehouse. Neil Saada allegedly intentionally broke the sprinkler head that caused the flooding in order to defraud the insurance company. At trial, the Saadas sought to introduce a statement by Tom Yaccarino, the vice president of the Saadas’ company, to an employee which purported to support the Saadas claim that Neil had broken the sprinkler head accidently. Yaccarino died before trial and the trial court introduced the statement as an excited utterance. In seeking to impeach Yaccarino as a witness, the prosecution asked the trial court to take judicial notice of two New Jersey Supreme Court decisions that removed Yaccarino, a former state court judge, from the bench and disbarred him for unethical conduct. The district court took notice of the decisions and their underlying facts. The Saadas were convicted and appeal.
Rule of Law
Holding and Reasoning (Harris, J.)
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