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Evidence keyed to Fisher
U.S. v. Owens
Facts
Victim was beaten with a metal pipe and suffered a fractured skull and, as a result, was hospitalized for nearly a month. Victim suffered severe memory loss from his injuries, and when interviewed by an investigator concerning the assault, could not recall the name of his attacker. In a subsequent meeting with the investigator, however, he named Respondent as the perpetrator, and identified Respondent from a series of photographs. At trial, Victim stated that he clearly remembered identifying Respondent during the second interview, but on cross-examination, admitted that he did not remember any other visitors he had in the hospital except for the investigator. Further, Respondent admitted during cross-examination, he could not recall whether any visitors had suggested to him that Respondent had committed the crime. Ultimately, Respondent was convicted of the crime, and time was added to the sentence he was already serving.
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