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United States v. Weeks

919 F.2d 248 (1990)

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United States v. Weeks

United States Court of Appeals for the Fifth Circuit
919 F.2d 248 (1990)

Facts

Danny Weeks (defendant) was charged with kidnapping, interstate transportation of a stolen vehicle, carrying a firearm during a violent crime, and possessing a firearm as a convicted felon. During Weeks’s trial in a federal district court, the prosecution showed a firearm to the jury. It was not the firearm used by Weeks. It belonged to a government firearms expert and was identified by a kidnap victim as being similar to the firearm Weeks took from the trunk of her car and used in the charged offenses. The firearm was not admitted into evidence and not included in the jury’s deliberation materials; it was merely shown to the jury during the prosecution’s argument to illustrate witness testimony regarding Weeks’s conduct. Further, the judge expressly reiterated to the jury that the gun was merely a model of the one allegedly used by Weeks. Nevertheless, Weeks objected to the prosecution’s display of the gun. His attorney also argued the display was purposefully inflammatory because the prosecution clicked the gun while walking toward the witness. The prosecution countered that the gun’s barrel had been open and merely closed as he walked. The district judge overruled the objections, and the jury ultimately convicted Weeks. Weeks appealed, again contesting the prosecution’s display of the firearm.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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