Tuesday, August 12, 2008

FRE 403 Violated by Admitting Gang Evidence, But Harmless

U.S. v. Brown, 2008 WL 2967708 (8/5/08) (unpub'd) - It was error in violation of Evidence Rule 403 to admit evidence of the defendant's membership in a drug-dealing gang to show his intent to distribute drugs. The 10th found it significant that the defendant was not charged with conspiracy. Nevertheless, the error was harmless.