United States v. Ince

After a shooting at a Fort Belvoir concert, two witnesses identified Nigel Ince (defendant) as the shooter, and Angela Neumann told a military police officer that Ince had privately confessed to her. At Ince's first trial, Neumann said she could not recall the conversation, and the prosecution called the officer to testify about her prior statement, resulting in a hung jury. At Ince's second trial, Neumann again claimed no memory, and the prosecution again used the officer's testimony that Neumann said Ince confessed, over defense objection, even though Ince's defense was mistaken identity; the jury convicted him, and he appealed.