United States v. Freeman (2007)

Kevin Freeman (defendant) was charged with conspiring to possess cocaine with intent to distribute. Police detective Bob Shin testified both as an expert, explaining coded drug jargon used in Freeman's recorded phone calls, and as a lay witness, interpreting other, non-coded statements on the calls that jurors likely could have understood on their own, such as explaining that 'get all the particulars' simply meant getting all the details. The district court never instructed the jury on Shin's dual role as both expert and lay witness, and Freeman did not request such an instruction. Freeman was convicted and appealed.