United States v. Barrett
United States Court of Appeals for the First Circuit
539 F.2d 244 (1st Cir. 1976)
At his stolen-stamp-collection trial, Barrett (defendant) sought to introduce testimony that deceased alleged co-conspirator Tilley had admitted his own involvement in the theft while stating Barrett was not involved, which the trial court excluded as not against Tilley's interest; Barrett also sought to introduce witnesses' testimony about prior inconsistent statements by witness Adams (who had testified Barrett implied his own guilt) to impeach Adams's credibility, which the court also excluded. Barrett was convicted and appealed both exclusions.
Whether FRE 804(b)(3) requires a declaration against the declarant's interest offered to exculpate a defendant to be corroborated, and whether FRE 613(b) requires a party to lay a foundation before introducing extrinsic evidence of a witness's prior inconsistent statement.