Evidence keyed to Waltz
United States v. Dockins
Facts
The defendant was convicted of illegal possession of a firearm by a convicted felon pursuant to 18 U.S.C. Section:922(g)(1). Also, of making knowingly false statements during the purchase of a firearm pursuant to 18 U.S.C. Section:922(a)(6). In order to prove that the defendant was a convicted felon, the government sought to admit as Exhibit 5, a judgment of conviction of Carl Tyron Smith on robbery charges in Colorado. Further, the government sought to link the defendant to the conviction through a fingerprint card and police record sheet, Exhibit 5a, reflecting the arrest and conviction of Carl Smith. Testimony showed that the signature of Carl Smith on the fingerprint card was actually signed by the defendant. Additionally, another individual testified that the fingerprints on the fingerprint card were those of the defendant. The court admitted the evidence over the defendant’s objection on the grounds of authentication. After trial, the defendant moved for a Judgment of Acquittal Notwithstanding the Verdict or in the Alternative for a New Trial claiming that the evidence was not properly authenticated. The trial court held a hearing and found certain of the evidence was admissible while other portions were not because neither the fingerprint card nor the police record sheet was a self-authenticating document under Federal Rules of Evidence (“F.R.E.”) Rule 902. Specifically, “neither the fingerprint card nor the police record is under seal and no public officer of the Denver Police Department certified under seal that the signature is genuine; the certification on the fingerprint card is only a rubber stamp.” Nonetheless, the court found the exhibit admissible under F.R.E. Rule 901.
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