Lawwly

United States v. Young (1996)

United States Court of Appeals for the Ninth Circuit

86 F.3d 944 (1996)

Relevant factsFree

Keith Young and Edelmiro Tamez (defendants), prosecuted for narcotics distribution based partly on government witness John Drake's testimony, sought to have witness David Delfs granted use immunity to testify that Drake had suggested, at a third party's house, that he would falsely accuse someone (possibly Young) of being his drug supplier; on cross-examination, Drake denied ever visiting that house during the relevant timeframe. When the government refused to grant Delfs immunity, he did not testify, and after conviction, Young and Tamez appealed, arguing the court should have compelled the immunity grant; the government countered that Delfs's testimony would have been inadmissible anyway since Drake never had a chance to explain the alleged prior inconsistent statement.

IssueFree

Whether Federal Rule of Evidence 613(b) allows admission of a witness's prior inconsistent statement if the witness has an opportunity to explain or deny it at any point during trial.

Unlock the full brief

Free accounts read 20 full briefs. No card required.