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Evidence Keyed to Sklansky
United States v. Nabors
Citation:762 F.2d 642 (10th Cir. 1985)
At the defendants’ trial. Key testimony connecting the defendants to the bank robbery was provided by 12-year-old child. During direct examination, the prosecution wanted to elicit from the witness something that was said by one of the defendants. The prosecutor asked the child “Tray, exactly what did he say?” The defense objected, arguing that this was an improper leading question. The district court overruled the objection. After this, the following exchange occurred.
Prosecutor — “Tray, have you told me before what they said?”
Witness — “Yes, sir.”
Prosecutor — “And what did you tell me that John said?”
Witness — “Can I say it?”
Prosecutor — “Yes, you can say it.”
Defendant — “He said ‘Oh, shit, Tray’s her.'”
The defendants argued that this line of questioning was an improper method of interrogation.
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