Get more case briefs explained with Quimbee. Quimbee has over 20,000 case briefs (and counting) keyed to over 223 casebooks ► [ Ссылка ]
United States v. Check | 582 F.2d 668 (1978)
Hearsay is a statement made outside a courtroom setting offered as evidence to prove the truth of what it says. Such prior statements are generally inadmissible because they’re considered unreliable. In United States versus Check, the prosecution tried to use other testimony as a Trojan horse to sneak in a nonwitness’s hearsay statements, but the court was unimpressed.
Police detective Stephen Spinelli was assigned to investigate officer Sandy Check, accused of trafficking in illegal drugs. Operating undercover as a buyer, Spinelli relied on William Cali, an informant, to act as an intermediary for his negotiations with Check. Cali shuttled between Spinelli and Check, conveying information from one to the other, until Check and Spinelli finally met directly.
Spinelli ultimately purchased heroin from Check twice. Check was charged with possession with intent to distribute narcotics and conspiracy to distribute narcotics. Cali refused to testify at trial. The prosecution wanted to put Cali’s conversations with Check before the jury, but it was hearsay for Spinelli to testify to what Cali told him about those conversations. To avoid this problem, the prosecutor asked Spinelli to testify only about what Spinelli had said to Cali when Spinelli and Cali talked. Through this testimony, Spinelli communicated the substance of Cali’s hearsay statements to the jury. For example, the jury heard that Check kept drugs at his house, that Check proposed to sell heroin to Spinelli, and that Check dealt in cocaine as well as heroin. Check was convicted on all counts. He appealed to the Second Circuit, arguing that Spinelli’s testimony was inadmissible hearsay. The government argued that Spinelli’s testimony wasn’t hearsay because he testified only to his own prior statements and was available for cross-examination.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]
The Quimbee App features over 20,000 case briefs keyed to over 223 casebooks. Try it free for 7 days! ► [ Ссылка ]
Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]
Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]
Quimbee Case Brief App ► [ Ссылка ]
Facebook ► [ Ссылка ]
Twitter ► [ Ссылка ]
#casebriefs #lawcases #casesummaries
