Evidence keyed to Mueller
United States v. Havens
Facts
Defendant, Havens, was convicted of importing and possessing cocaine. Defendant and John McLeroth, attorneys from Ft. Wayne, Indiana, were caught importing cocaine after flying into Miami from Lima, Peru. A customs officer search McLeroth and found cocaine sewed into makeshift pockets on a t-shirt he was wearing. McLeroth implicated Defendant and he was arrested and his luggage search. The search revealed a t-shirt that had pieces cut out of it that matched those on the shirt McLeroth was wearing. The t-shirt was excluded as evidence prior to trial. Defendant testified in his own defense and denied any involvement in importing or possessing cocaine, and denied knowledge of the discovery of the t-shirt in his luggage. The prosecution impeached his testimony by offering the t-shirt and using testimony from a government agent. The jury was instructed the rebuttal evidence should only be used to impeach Defendant’s credibility. The Court of Appeals reversed the conviction .
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