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Evidence Keyed to Sklansky
United States v. Ince
Citation:
21 F.3d 4th Cir. 1994)Facts
The defendant was arrested on suspicion of having fired a pistol at trucks leaving a concert on the grounds of Fort Belvoir, Virginia. The defendant was later charged with assault. A witness named Angela Neumann was with the defendant at the time of his arrest and told police that the defendant admitted to firing the shots. At the defendant’s trial, the prosecution called Neumann to the stand. However, Neuman testified that she couldn’t remember anything. The prosecution attempted to refresh her recollection to no avail. The prosecution then excused Neuman, called the police officer that interviewed her as a witness, and, over the defense’s objection, asked him what Neumann had told him about the defendant’s confession. The trial ended with a hung jury. Upon the retrial, the prosecution called Neumann with the same issue but then called the officer to the stand to impeach Neumann as to her memory loss.
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