CASE LAW UPDATE: Whether the District Court did not err by excluding hearsay statements of girlfriend made before her death?
Defendant was convicted of sexual assault. At trial, the District Court excluded, as hearsay, statements made by defendant’s girlfriend before her death. The Eighth Circuit Court of Appeals held that the trial court did not err because her statement did not meet the catch all hearsay exception because they did not show circumstantial guarantees of trustworthiness. Additionally, the District Court did not err in enhancing defendant’s sentence for committing perjury. Affirmed.
United States v. Bruguier, 19-1375, Kobes, J. Appealed from the United States District Court, District of South Dakota.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.